New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-07-29
CRIMINALS SHIELDED FROM THE pUBLJC

THE EFFECT or CERTAIN SECTIONS IN THE NFw
CODE OF CRIMINAL PROCEDURE.
The Code OF Criminal Procedure which was
recently chae'eo ana winch goes INTO eject Septein
Der J. lSel mas not yet attracted worry considerable At
tenton from members OF tho bar In this city, The oss
tants to the DistrictAttorney and lawyers who orc d
voting Themselves to criminal practice howevcr or M
ginning to examine 1t carefully TO find the points wbcrei,
il differs from the old methods of criminal proco
The consequence Las been the discovery tsoe rov,
and singular enactments.
One of tho most extraordinary of these ia sector 600
ana the accompanying sections with regard IN
the preliminary examination OF prisoner when
Hrst brought before committing magistrate
Section 2o3 provides that such magistrate must unon
TIE request OF the defendant exclude from the exoun,
lion every person except the clerk of the MAGISTRATE
the prosecutor and his counsel the th
District Attorney OF the County and the officer having
the defendant in custody" Section provides that
only judge of court having jurisdiction of the offence
and the persons named above shall be allowed t lool 90
the dispositions taken the defendants
until they gre returned to the proper court"
III mas been the case under previous staues that Pho
committing magistrate or police Justice had right in
his discretion to give the defendant prvate exomin,
toh' Inc defendant had also tho right TO have all wit
nesses excluded when he was making his staten,ont
but Inc ABOVE enactment promises to work comnete
Change III the methods OF procedure in such courts Il ia
SAID to be the fact that in the majority of in
stances whore persons arrested are brought hoeor
the suppression of the publication of the facts and
particularly where the circumstances are OF esnooio1
public interest 1t has frequently been said bv thoso
engaged in the work OF organizations for the
OF vice and crime that the fears that the facts yo
ma publicity in the newspapers is most active
agencies to deter many persons from the commission ~
illegal or criminal acts Under this law was said nv
an experienced lawyer Tuesday the criminal who cared
Tor public opinion would often be able to shield biois
from popular condemnation by invoking its nrnris'n
10 Keep the matter secret And il escaped nrnoar
punishment by technicality, however guilty he mimi
Pc the pubic would not have the opportunity 10 know
the facts. W Auow
Assistant DistrictAttorncy Leary said Tuesday, tho,
ne couldpot understand the reason for such
He Thought lt one OF the most matters Thai
maj proceedings should be carried without the nhc
having the right TO know what they were No patter
how high the character OF the police nagstratcs such
law as that would be likely to lead abuse and nnSar
tnnae results. AZ the LEGISLATURE has now adjourned
IL WIN De impossible to secure an amendment this pro-
VISION hhui next January. One amendment thar has
been proposed Is that instead OF the word examination"
should be Inserted the words statement the defend
amt IL has been suggested that this may have been
the idea In the mind of the cOders and that the
uon was inadvertently allowed to take its present
phrnseoogy. wa f-''N'
Justice Charles A. Flanmer who sittng In the Po-
lice Court at the Toobs Tuesday said that lie could aee