The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-08-14
our MINOR CITY COURTS.
How Justice IL Administered In Til IN, and
Wherein they Might be Improved.

Justice Wandcll, Of the present Board OF
Police Justices, some time ago expressod tho
opinion that the police should not be allowed to
carry cluba But thcrc is another question TINT
dcservcs attention. How many law-ahiding
citizens are there in ths city who know how
law il administered in the Police Courts. and in
the Court of Special Sessions AT least nine
tcnlhs of the prisoners VINO are taken before
these courts ARE utterly ignorant Of all forms of
law. and have no iden that they possess any
rights that the police or the Justices nrc bound
tn respect. In the Court Of Special Sessions. If
The prisoner has the intelligence. and the
money. 10 employ counsel his chan 'cs Tor OBJ
tanning Justice are materially increased.
In the Police Courts the Same rule applies.
Take the case Of an ignorant man brough; NJ
for trial in the Court of Special Sessions. lie
has. other through poverty or the lack Of intel
hgcncc. omitted to procure counsel. Three
Justices sit on the bench. and the prisoner is
plurrd IN the dork. not before hut go the left Of
The Justicrs. The complainant or witness gives
IL testimony. seated ~ an arm chair. iaring
the Justices. with lis hn'k 10 the prisoner. the
chair hring placed between me prisoner ana
tho l"urh. Under the circumstances IL is u
physical impos-ihlity for the prisoner tu hcnr
the testimony gwen against him. y sides. ne
H. Kept stand ng. with nn Onrnr oi the court by
his side. and even % ho could hear tn" t'-ii-
luony has no means oi tan NIX notes ol II. But
he is in at cusc and is awcd hy the presence Of
The police. tnc justices. and the crowd ia tho
court room. lie knows nothing Of the law. and
has nu idea uf the value Ol crOss-cNaminuuun
o. the witness =.
The witness himself docs not occupy u
very cnvinhlr position. for very frequently
the three Justices cross examine or au -ton
HIM at the same timN ana the result il very
often hopeless mudiH me prisoner 100
when on the stand ia hi- own defence, Is sub
lr1"d to the same ordeal amt generally sue
goods IN damaging his cnsr A verbatim report
ui one weeks prOtcrdin.- Of court would con.
win go amy fair minded man Oi the necessity ~
a cnuncc an 10, mode OF admin storing tie law.
If tn liberty and the rights OF citizens tire to he
In the police courts the same condition Of
things Exists. The prisoner l. placed at the bar.
in front 81 the Justice and the policeman who
makes the charge stands between the bar and
the bench. and. usually in n low tone. states tho
casc. II j. true that the Justice NAV tell the
policeman to -u"uk NJ 50 TINT tn" prisoner may
hear him. hut. in point of fact. the prisoner
rarely .nt hos wlai is said. Alter the clar-o is
made. the magistrate. in few words. informs
the prisoner with what he Is charged and asks
hin what he has to saw Hero the sum" err
cuni-tuuc.s ~ in tho Court of Special Sessions
cunspirr against the prisoner 50 that he cPnuut
spcak for himself. and j. incapable Cf making
n collected argument. In this way many pcr.
sons really guilty of no offence ar" deprived of
their lheriy. and locked w in Jail or sent to tho
pcnit"ntiary.
Ii s not nrecssary to assume that the Justices
are unfair men, by any mems. but they ihli INTO
"A routine -tyl" ~ getting through their work.
and are too apt To jump nj conclusions.
Then those policemen who are inclined TO use
their clubs on all occasions. should be taught
that II is their duty To arrest. and not 10 punish
persons guilty OF violating the laws, ana mat
their clubs are intended Tor their defence. and
nothing else.
Under the present conditions, the best remedy
that suggests Itself IL that lawyer oi eXprr.
iencc paid by the city and county be- appointed
In each Police Court. and in thrtOurt 81 special
Sessions. to defend all poor persons hr9ushi
these lawyers should be- instructed To prefer
charges against the policemen. aud present the
ease- as they might deem best IN the interest oi