Of course the jury, who was another Mason, convicted Benjamin of the crime of—heresy in the _last_ degree. But Ben maintained to the very day of his death that the Major “conjahed me with churchyard dirt,” and I believe the Major always has a rabbit’s foot concealed about him; at least I hope so, if it brings him good luck. ------------------------------------------------------------------------ _CHAPTER XIII_ _A Dissertation on the Third Degree_ That the present condition of affairs regarding the administration of justice in New York City is unsatisfactory, will hardly be denied, while such glaring instances of recent incompetency are fresh in the public mind. The many comments and editorials appearing in the best metropolitan newspapers attest that our citizens are conscious of the defects in this department, while the press of other cities throughout the country, and even abroad, reminds us in no uncertain tones how we are regarded by our neighbors. This matter has been recognized of recent years, and attention called to it by investigating committees appointed by our Legislature. But the efforts of these committees have been too widely distributed; they have attempted to investigate too many things in general; and the methods of the District Attorney’s office in particular, although regarded with suspicion by a large majority of those who read and think, and with contempt by those who know, remain—unexposed, despite the fact that they demand immediate attention. It would seem as if some of the strenuous periodicals with which we are blessed, or otherwise, would find here a fruitful field for sensational effort; but it is precisely to “yellow journalism” that the District Attorney’s office caters; and this branch of the press will be unlikely to turn and bite the hand which feeds it so generously. The better type of journalism will have none of these matters. Those of the legal profession who know—the lawyers practising in criminal law courts—must be careful not to offend so powerful an institution, whose disfavor might mean ruin. And the Bar Association ignores or postpones action. No persons in private life care to take the initiative; and perhaps they are right. It is safest not to interfere. Why then should I undertake the task? Simply because I have suffered unjustly, and have seen others suffer injustice. This is my sole warrant and authority. And in this matter I am very much in earnest. The present state of affairs is the result of previous conditions, older methods of criminal procedure, which have been developed and expanded until at the present time they have overstepped all decency.