New-York tribune., 1881-09-01

him produced for cross-examinahon but
they must not remain while his statement
is taken. And if the defendant requests
it, the magistrate must exclude from the cx-
"amination every person except the clerk Of the
magistrate, the prosecutor and his counsel, the
Attorney General, the District Attorney of the
county. the defendant and his counsel, and the
"officer having the defendant in custody The
evident purpose is to protect the reputation of
persons falsely accused from needless publicity
OF the charge. The traditional idea has been
that these and all other proceedings in courts>of
justice must be public; and several of the mag
lstrates in this city have predicted that this new
rule OF private examination will prove embar-
RAISING and incOnvenient. After examination
the defendant (unless obviously innocent) is to
be committed or held to bail, the evidence
against him Is TO be sent before q grand Jury,
ana they are to examine the charge substan-
TALLY as now.
On the subject of indictments material
changes are made The old English rules,
~nlcn nave Tor the most part been followed in
New ork, were very strict in the accuracy they
required In drawing these, and, as every one
knows, acute lawyers have often been able to
balk the prosecution of client undoubtedly
guilty, by taking advantage Of some slight
omission. error, or infOrmality in the indict-
ment. The Code abOlishes all the forms of
"pleading in criminal actions heretofore ex-
listing The description of the offence is here
after to be only a plain and concise statement
of the act constituting the crime, without I'M
necessary repetition" An Indictment need not
be accurate in giving the defendants name OF
in stating the precise time at which the crime
was committed or in naming the person injured
by 1t, or in designating the offence by its legal
name. This change will, apparently, check the
abuse, formerly grievous, of acquittng known
offenders upon technicaities.
The defendant may either "demurr to the
indictment-that is, object that it is not sufli-
clent In law to expose him to any punishment
Or may "plcad"; and the pleas are reduced
to three-guilty, not guilty, and former con-
viction or acquittal. The last two pleas must
be tried, as by existing law, by a jury; but the
jury must hereafter be summoned in the man
ner directed by the Code of Civil Procedure. A
familiar abuse in former years consisted in rig
orousiy excluding every juryman who knew
enough to read newspapers and had received
the slightest impression about the case By
the new law an opinion or impression does not
necessarily disquaify a juror if he declares that
it will not influence his verdict, and that he can
evidence. This is to some extent new, but the
provision is taken in substance from laws
passed in 1872 and 1878. For the old but I'M
lntelligible terms challenge for principal
cause" and challenge to the favor" the terms
challenge for cause" Git may be either gem
eral or particularly and challenge for i'm
piled bias or for actual biasn are substituted.
The general rules for conducting the trial and
for delibcration and verdict of the Jury, includ-
ing discharging them when they cannot agree.
remain substantially unchanged Directions
are given in great detail for reviewing a trial
10y bill of exceptions, or by motion for new trial,
or in arrest of Judgment, and also for pronounc
ing Judgment and the mode of executing il
but these are substantially like the previous
law. A change of some Importance is that
wrlts OF error and certiorar arc abolished.
and an appeal substituted and the directions
for conducting an appeal strongly resemble tho
law governing civil appeals Another change
is that nolle proscqui is abolished; neither the
Attorney General nor the District Attorney can
abandon prosecution except by order of conrt.
This sketch is limited to the proceedings
upon an indictment. The Code, however, en-
braces other important subjects such as q de-
lineation of the criminal jurisdiction of courts:
statement of the rights of individuals TO
resist crimes, or OF magistrates or the police TO
Interfere to prevent them; the procedure on
impeachment; trials in Courts of Special Ses-
sions and Police Courts and various special
proceedings, such as Coroner's inquests, search
warran Is, etc.