Extract from an American paper:--

"Scene.--A Court-house not fifty miles from the city of Louisville.

Judge presiding with great dignity. A noise is heard before the door.

He looks up, fired with indignation.--`Mr Sheriff, sir, bring them men

in here; this in the temple of liberty--this in the sanctuary of

justice, and it shall not be profaned by the cracking of nuts and the

eating of gingerbread.'"--_Marblehead Register_.

I have already observed that there is a great error in the office of the

inferior and district judges being elective, but there are others

equally serious. In the first place the judges are not sufficiently

paid. Captain Hamilton remarks:--

"The low salaries of the judges constitute matter of general complaint

among the members of the bar, both at Philadelphia and New York. These

are so inadequate, when compared with the income of a well-employed

barrister, that the state is deprived of the advantage of having the

highest legal talent on the bench. Men from the lower walks of the

profession, therefore, are generally promoted to the office; and for the

sake of a wretched saving of a few thousand dollars, the public are

content to submit their lives and properties to the decision of men of

inferior intelligence and learning.

"In one respect, I am told, the very excess of democracy defeats itself.

In some states the judges are so inordinately underpaid, that no lawyer

who does not possess a considerable private fortune can afford to accept

the office. From this circumstance, something of aristocratic

distinction has become connected with it, and a seat on the bench is now

more greedily coveted than it would be were the salary more commensurate

with the duties of the situation."

The next error is, that political questions are permitted to interfere

with the ends of justice. It is a well-known fact that, not long ago,

an Irishman, who had murdered his wife, was brought to trial upon the

eve of an election; and, although his guilt was undoubted, he was

acquitted, because the Irish party, which were so influential as to be

able to turn the election, had declared that, if their countryman was

convicted, they would vote on the other side.

But worst of all is the difficulty of finding an _honest_ jury--a fact

generally acknowledged. Politics, private animosities, bribery, all

have their influence to defeat the ends of justice, and it argues

strongly against the moral standard of a nation that such should be the

case; but that it is so is undoubted. [See Note 1.] The truth is that

the juries, have no respect for the judges, however respectable they may

be, and as many of them really are. The feeling "I'm as good as he"

operates everywhere. There is no shutting up a jury and starving them

out as with us; no citizen, "free and enlightened, aged twenty-one,

white," would submit to such an invasion of his rights. Captain

Hamilton observes:--

"It was not without astonishment, I confess, that I remarked that

three-fourths of the jury-men were engaged in eating bread and cheese,

and that the foreman actually announced the verdict with his mouth full,

ejecting the disjointed syllables during the intervals of mastication!

In truth, an American seems to look on a judge exactly as he does on a

carpenter or coppersmith; and it never occurs to him, that an

administrator of justice is entitled to greater respect than a

constructor of brass knockers, or the sheather of a ship's bottom. The

judge and the brazier are paid equally for their work; and Jonathan

firmly believes that, while he has money in his pocket, there is no risk

of suffering from the want either of law or warming pans."

One most notorious case of bribery, I can vouch for, as I am acquainted

with the two parties, one of whom purchased the snuff-box in which the

other enclosed the notes and presented to the jurymen. A gentleman at

New York of the name of Stoughton, had a quarrel with another of the

name of Goodwin: the latter followed the former down the street, and

murdered him in open day by passing a small sword through his body. The

case was as clear as a case could be, but there is a great dislike to

capital punishment in America, and particularly was there in this

instance, as the criminal was of good family and extensive connections.

It was ascertained that all the jury except two intended to acquit the

prisoner upon some pretended want of evidence, but that these two had

determined that the law should take its course, and were quite

inexorable. Before the jury retired to consult upon the verdict, it was

determined by the friends of the prisoner that an attempt should be made

by bribery to soften down the resolution of these two men. As they were

retiring, a snuff-box was put into the hands of one of them by a

gentleman, with the observation that he and his friend would probably

find a pinch of snuff agreeable after so long a trial. The snuff-box

contained bank notes to the amount of 2,500 dollars (500 pounds

sterling). The snuff-box and its contents were not returned, and the

prisoner was acquitted.

The unwillingness to take away life is a very remarkable feature in

America, and were it not carried to such an extreme length, would be a

very commendable one. An instance of this occurred just before my

arrival at New York. A young man by the name of Robinson, who was a

clerk in an importing house, had formed a connection with a young woman

on the town, of the name of Ellen Jewitt. Not having the means to meet

her demands upon his purse, he had for many months embezzled from the

store goods to a very large amount, which she had sold to supply her

wants or wishes. At last, Robinson, probably no longer caring for the

girl, and aware that he was in her power, determined upon murdering her.

Such accumulated crime can hardly be conceived! He went to sleep with

her, made her drunk with champagne before they retired to bed, and then

as she lay in bed murdered her with an axe, which he had brought with

him from his master's store. The house of ill-fame in which he visited

her was at that time full of other people of both sexes, who had retired

to rest--it is said nearly one hundred were there on that night,

thoughtless of the danger to which they were exposed, fearful that the

murder of the young woman would be discovered and brought home to him,

the miscreant resolved to set fire to the house, and by thus sending

unprepared into the next world so many of his fellow creatures, escape

the punishment which he deserved. He set fire to the bed upon which his

unfortunate victim laid, and having satisfied himself that his work was

securely done, locked the door of the room, and quitted the premises. A

merciful Providence, however, directed otherwise; the fire was

discovered, and the flames extinguished, and his crime made manifest.

The evidence in an English court would have been more than sufficient to

convict him; but in America, such is the feeling against taking life

that, strange to say, Robinson was acquitted, and permitted to leave for

Texas, where it is said, he still lives under a false name. I have

heard this subject canvassed over and over again in New York; and,

although some, with a view of extenuating to a foreigner such a

disgraceful disregard to security of life, have endeavoured to show that

the evidence was not quite satisfactory, there really was not a shadow

of doubt in the whole case. See Note 2.

But leniency towards crime is the grand characteristic of American

legislation. Whether it proceeds, (as I much suspect it does,) from the

national vanity being unwilling to admit that such things can take place

among "a very moral people," or from a more praiseworthy feeling, I am

not justified in asserting: the reader must form his own opinion, when

he has read all I have to say upon other points connected with the

subject.

I have been very much amused with the reports of the sentences given by

my excellent friend the recorder of New York. He is said to be one of

the soundest lawyers in the Union, and a very worthy man; but I trust

say, that as recorder, he does not add to the dignity of the bench by

his facetious remarks, and the peculiar lenity he occasionally shows to

the culprits. See Note 3.

I will give an extract from the newspapers of some of the proceedings an

his court, as they will, I am convinced, be as amusing to the reader as

they have been to me.

The Recorder then called out--"Mr Crier, make the usual proclamation;"

"Mr Clerk, call out the prisoners, and let us proceed to sentencing

them!"

_Clerk_. Put Stephen Schofield to the bar.

It was done.

_Clerk_. Prisoner, you may remember you have heretofore been indicted

for a certain crime by you committed; upon your indictment you were

arraigned; upon your arraignment you pleaded guilty, and threw yourself

upon the mercy of the court. What have you now to say, why judgment

should not be passed upon you according to law.

The prisoner, who was a bad-looking mulatto, was silent.

_Recorder_. Schofield, you have been convicted of a very bad crime; you

attempted to take liberties with a young white girl--a most serious

offence. This is getting to be a very bad crime, and practised, I am

sorry to say, to a great extent in this community: it must be put a stop

to. Had you been convicted of the whole crime, we should have sent you

to the state-prison for life. As it is, we sentence you to hard labour

in the state-prison at Sing Sing for five years; and that's the judgment

of the court; and when you come out, take no more liberties with white

girls.

_Prisoner_. Thank your honour it ain't no worse.

_Clerk_. Bring out Mary Burns.

It was done.

_Clerk_. Prisoner, you may remember, etcetera, etcetera, upon your

arraignment you pleaded not guilty, and put yourself on your country for

trial; which country hath found you guilty. What have you now to say

why judgment should not be pronounced upon you according to law?

(Silent).

_Recorder_. Mary Burns, Mrs Forgay gave you her chemise to wash.

_Prisoner_. No, she didn't give it to me.

_Recorder_. But you got it somehow, and you stole the money. Now, you

see, our respectable fellow-citizens, the ladies, must have their

chemises washed, and, to do so, they must put confidence in their

servants; and they have a right to sew their money up in their chemise

if they think proper, and servants must not steal it from them. As

you're a young woman, and not married, it would not be right to deprive

you of the opportunity to get a husband for five years; so we shall only

send you to Sing Sing for two years and six months; the keeper will work

you in whatever way he may think proper.--Go to the next.

Charles Liston was brought out and arraigned, _pro forma_. He was a

dark negro.

_Clerk_. Liston, what have you to say why judgment, etcetera?

_Prisoner_. All I got to say to his honour de honourable court is, dat

I see de error of my ways, and I hope dey may soon see de error of

deirs. I broke de law of my free country, and I must lose my liberty,

and go to Sing Sing. But I trow myself on de mercy of de Recorder; and

all I got to say to his honour, de honourable Richard Riker, is, dat I

hope he'll live to be de next mayor of New York till I come out of Sing

Sing.

_Recorder (laughing)_. A very good speech! But, Liston, whether I'm

mayor or not, you must suffer some. This stealing from entries is a

most pernicious crime, and one against which our respectable

fellow-citizens can scarcely guard. Two-thirds of our citizens hang

their hats and coats in entries, and we must protect their hats and

coats. We, therefore, sentence you to Sing Sing for five years,--Go to

the next.

John Mcdonald and Godfrey Crawluck were put to the bar.

_Recorder_. Mcdonald and Crawluck, you stole two beeves. Now, however

much I like beef, I'd he very hungry before I'd steal any beef. You are

on the high road to ruin. You went up the road to Harlem, and down the

road to Yorkville, and you'll soon go to destruction. We shall send you

to Sing Sing for two years each; and when you come out, take your

mother's maiden name, and lead a good life, and don't eat any more

beef--I mean, don't steal any more beeves--Go to the next.

Luke Staken was arraigned.

_Recorder_.--Staken, you slept in a room with Lahay, and stole all his

gold (1000 dollars). This sleeping in rooms with other people, and

stealing their things, is a serious offence, and practised to a great

extent in this city; and what makes the matter worse, you stole one

thousand dollars in specie, when specie is so scarce. We send you to

Sing Sing for five years.

Jacob Williams was arraigned. He looked as if he had not many days to

live, though a young man.

_Recorder_. Williams, you stole a lot of kerseymere from a store, and

ran off with it--a most pernicious crime! But, as your health is not

good, we shall only send you to Sing Sing for three years and six

months.

John H Murray was arraigned.

_Recorder_. Murray, you're a deep fellow. You got a Green Mountain boy

into an alley, and played at "shuffle and burn," and you burned him out

of a hundred dollars. You must go to Sing Sing for five years; and we

hope the reputable reporters attending for the respectable public press

will warn our respectable country friends, when they come into New York,

not to go into Orange street, and play at "shuffle and burn" among bad

girls and bad men, or they'll very likely get burnt, like this Green

Mountain boy.--Go to the next.

William Shay, charged with shying glasses at the head of a

tavern-keeper. Guilty.

_Recorder_. This rioting is a very bad crime, Shay, and deserves heavy

punishment; but as we understand you have a wife and sundry little

Shays, we'll let you off, provided you give your solemn promise never to

do so any more.

_Shay_. I gives it--wery solemnly.

_Recorder_. Then we discharge you.

_Shay_. Thank your honour--your honour's a capital judge.

John Bowen, charged with stealing a basket. Guilty.

_Recorder_. Now, John, we've convicted you; and you'll have to get out

stone for three months on Blackwell's Island--that's the judgment of the

court.

Buckley and Charles Rogers, charged with loafing, sleeping in the park,

and leaving the gate open, were discharged, with a caution to take care

how they interfered with corporation rights in future, or they would get

their corporation into trouble.

Ann Boyle, charged with being too _lively_ in the street. Let off on

condition of being quiet for the time to come.

Thomas Dixon, charged with petty larceny. Guilty.

_Dixon_. I wish to have judgment suspended.

_Recorder_. It's a bad time to talk about suspension; why do you

request this?

_Dixon_. I've an uncle I want to see, and other relations.

_Recorder_. In that case we'll send you to Black well's island for six

months, you'll be sure to find them all there. Sentence accordingly.

Charles Enroff, charged with petty larceny--coming Paddy over an Irish

shoemaker, and thereby cheating him out of a pair of shoes.--Guilty.

Sentenced to the penitentiary, Blackwell's island, for six months, to

get out stone.

Charles Thorn, charged with assaulting Miss Rachael Prigmore.

_Recorder_. Miss Prigmore, how came this man to strike you?

_Rachael_. Because I wouldn't have him. (A laugh.) He was always a

teasing me, and spouting poetry about roses and thorns; so when I told

him to be off he struck me.

_Prisoner_ (theatrically). Me strike you! Oh, Rachael--

"Perhaps it was right to dissemble your love,

But why did you kick me down stairs?"

_Prisoner's Counsel_. That's it, your honour. Why did she kick him

down stairs?

This the fair Rachael indignantly denied, and the prisoner was found

guilty.

_Recorder_. This striking of women is a very bad crime, you must get

out stone for two months.

_Prisoner_. She'll repent, your honour. She loves me--I know she does.

"On the cold flinty rock, when I'm busy at work,

Oh, Rachael, I'll think of thee."

Thomas Ward, charged with petty larceny. Guilty. Ward had nothing to

offer to _ward_ off his sentence, therefore he was sent to the island

for six months.

Maria Brandon, charged with petty larceny. Guilty. Sentenced to pick

oakum for six months.

_Maria_. Well, I've friends, that's comfort, they'll sing--

"Oh, come to this bower, my own stricken deer."

_Recorder_. You're right, Maria, it's an _oakum_ bower you're going to.

The court then adjourned. See Note 4.

But all these are nothing compared with the following, which at first I

did not credit. I made the strictest inquiry, and was informed by a

legal gentleman present that it was correct. I give the extract as it

stood in the newspapers.

_Influence of a Pretty Girl_.--"Catherine Manly," said the Recorder

yesterday, in the sessions, "you have been convicted of a very bad

crime. This stealing is a very serious offence; but, _as you are a

pretty girl_! we'll suspend judgment, in hopes you will do better for

the future." We have often heard that justice was blind. What a fib to

say so!

Mr Carey, in his publication on Wealth, asserts, that security of

property and or person are greater in the United States than in England.

How far he is correct I shall now proceed to examine. Mr Carey says,

in his observations on security of person:--"Comparing Massachusetts

with England and Wales, we find in the former 1 in 86,871 sentenced to

one year's imprisonment or more; whereas, in the latter 1 in 70,000 is

sentenced to more than one year. The number sentenced to one year or

more in England is greater than in Pennsylvania. It is obvious,

therefore, that security is much greater in Massachusetts than in

England, and consequently greater than in any other part of the world."

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