Stephen H. Branch's Alligator, Vol. 1 no. 18, August 21, 1858 — John Shaqi
Stephen H. Branch's Alligator, Vol. 1 no. 18, August 21, 1858
History
Stephen H. Branch's Alligator, Vol. 1 no. 18, August 21, 1858
New York (N.Y.) -- Politics and government
In the first place, it was proved on the trial that one of the
complainants, or more properly _persecutors_, had never been before the
Grand Jury. In the second place, it would appear that indictments by the
dozen must have been preferred against the accused; for if we recollect
aright, he was arrested every day for nearly a fortnight, previous to
his trial. And again we have been told—how far it is true we care not to
inquire—that one man who professed great friendship for him, and became
his bail on the last arrest, two days before his trial, on the following
day withdrew his bail, and delivered the unfortunate man up to his
adversaries; and in consequence of this latter act realised a contract
from the city authorities. “Save us from our friends.”
If all this be true, it is one of the most arrant pieces of villany ever
recorded of Christian men.
When we come into court we, unfortunately, if possible, find things
worse. The ruling of the Judge was altogether too strict—too severe—in
fact too arbitrary. The Judge, it appears to us, made it a point of his
business to shield, as much as possible, the complainants on the one
hand, by interfering in behalf of the Mayor, when he was being
cross-questioned by defendant’s Counsel; whilst on the other hand he
ruled out the principal evidence in support of the defendant, and of
course deprived the accused of the slightest shadow of a chance to
establish his innocence.
Then comes the Recorder’s charge to the Jury. And that we think is in
keeping; or, perhaps, we ought to say an improvement on the spirit of
the whole proceedings. Let any one sit down and read that charge calmly
and dispassionately, and we venture to assert that for severity the
reader cannot find a case to surpass it, nor perhaps even to equal it in
the history of modern English jurisprudence.
Then, if we consider the hurried manner in which the prosecution got up
this trial, and their mode of conducting it, as described above, we must
consider the proceedings unwarranted by the premises; and forms a great
contrast to the tardy manner in which our Courts mete out their
infinitismal doses of punishment to Thieves, Burglars, Murderers and
Desperadoes.
There is still another charge, which in our opinion is the gravest of
all. After the rendition of the verdict the counsel for the defence
moved a stay of proceedings; now mark the reply of his honor. _That he
had yesterday considered the possibility of such an application, and
had_ THEN MADE UP HIS MIND _that it could not be granted_. So from this
it would appear, that the whole affair was settled before the parties
came into court; and so far as the trial goes, it was simply a
collateral incident of the proceedings, and not at all an operation for
attaining the great end of justice.
Public-domain text, read in full here on John Shaqi.
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