Year: 1871

We nave frequently vi laIo nau PROOF aOun-
dant that in the city and State of New York
there is something defective in the machinery
which gives efficiency and force and majesty
to law. If murder is committed the we'll
paid agents of the law seek for the murderer
in vain. He cannot be got. If a murderer is
to be executed the poor wretch, who is bidding
farewell to the scenes he knows and is about to
visit future of which he knows nothing but
that it must bring him lasting agony, must be
hanged half dozen times before he is allowed
to enter upon the undesirable experiment of
the future. The case of Filkins brings up all
the worst features of the legal and judicial
administration in this State.


1t may be true, as Governor Hoffman is
reported to have said, that the pre-
condemnation Of this man Filkins is
felt in the Albany atmosphere. 1t is
more than possible that no one doubts that he
less true that the manner in which con-
demnatory evidence has been secured against
this man renders the evidence in the minds Of
all who respect the sacredness of life and the
majesty OF law almost, if not entirely, worth
less. In France, as France once was in Great
Britain, as Great Britain now is, things are
otherwise managed. If man is found guilty,
if be is to suffer the last and highest penalty
of the law, the work is done swiftly, sharply,
efficiently. Justice does not, through bun
Cling, degenerate into cruelty If man is
suspected he has fair chance to prove his
| oe do hoxr
gotten the French case of Traupmann, or the
English case of Miller We do not question
the public sentiment of Albany. We do not
question the guilt Of Filkins. But we must
say that if Filkins is to be condemned solely
on the evidence Of the wounded and feeble
competent Halpine, justice will be de-
feated. Public sentiment no matter how
convinced of this mans guilt, will come to
this mans rescue. And why? Simply be-
cause, in place of using little common sense,
the Albany authorities revealed the grossest
ignorance or the elements of criminal science.
Had they kept Halpine in the dark as to the
capture of Filkins had they brought in a
dozen men, Filkins among them and allowed
Halpine to single out his man, the presump-
ton is that the guilty man would have been
recognized and that the guilty man would
have been Fikins. But Halpine was told that
the would-be murderer had been caught, was
told what he was like and was brought face to
face with him. ssYou are the man." he said.
''who told me your name was Jones'"


It may be that in this case the guilty has
been found 1t may be that he will be
brought to justice. But it is possible that the
public will refuse to regard the recognition of
Jones by Halpine as damnatory evidence and
that the criminal will escape the punishment
which perhaps he deserves. 1t is certain that
the conviction and punishment Of Filkins on the
evidence Of Halpine will establish a most dan
gerous precedent Why is it that our legal
authorities will not learn to practise little
common sense2 Why should our republican
institutions continue to be laughing stock to
Europe and the world generally because Of
unceasing and apparently incurable bungling
This case stands not alone. We have not
yet found out who was the murderer of Rogers.
We have not yet discovered the murderer of
Nathan. Must we accept it as true that the
detective police are, as a rule, quite as anxious
to conceal as to discover guilt? However it
may be, this is true-our whole criminal system
must be changed before we can lift our head
among the nations.