New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-05-27
THE LAWS DELAY.
HARDNESS IN HANGING MURDERERs.

N
SOME REASONS WHY JUSTICE IS DEFERRED-sUG-
GEsTIoNs AS TO LIMITING APPEALS.
The hardness of Justice in the trial and III
the execution Of the sentences in murder cases IN tns
onnt and especiay in this state ia the subject OF
freauent remark The prosecuting Objects a'ser. n"'
this s the fault Of the law aud OF the methods OF pro-
cedure In criminal courts rather than OF any delay on
their part BY 1t Is claimed that tnere arc very
protraced delays and that the hanging Oh murderes
follows the commissions OF tho crimes, as RUE
neeo,v as ,ustce demands 1t is not denied however
that in each instance IT ia many montns anu no ine
oueptly more than year. after the murder before ine
horg,ry occurr: and IL also admitted that In oher
couptries including England, very much less tlmeh
allowed the murderer
There are several causes OF delays III tne CITY Inc
calendars OF the criminal courts are crowded. ana INC
prisoners are tired IN the order In when the crimes arc
IL will ordinarily be several weeks before inc
900. nv. cal,ed But murder cases frequently tried
a, the Over and Terniner ana that court has only
few sessions each year. the trials are APP
TO be delayed almost indefinitely Then when eohVcuoh
"a the result OF trial requires thirty or fory Gays 10
make case appeal When the writ oil error Is grant
ed the General Term may not be In session and evera
months will sometimes eapse before 1t Ia brought on
there for argument the first appeal IL IL true that
rcb casc. are given preference the calendar but
the OF prisoners counsel or OF the District
Attorney will many times make this preference OF httle
consequence. When AZ last the case Is argued dccSoh
reserved and frequently considerable time eapseS pe
fore n ia handed Then the Court OF Appeals may
not be in session; and. in any event. there will be
various circumstances that will prevent the sc ohd
appeal being heard at once. with the same delay IN
renderiug decision after argument az there was at
General Term IT, because OF any technical MISTAKE OF
Of any real Injustice done TO the prisoner by the ad
sion OF improper evidence new trial should he granted
nv the Appellate Court the same process mas 10 De gone
through the beginning. II actually happened IN
recent case In the OF tie state that prisoner
with nertinacious lawyer three times convicted
Of murder in the degree the conviction In the hrst
two trials having been set aside Tor some error Ill e'
dence In the meantime several years slipped by This
is an exceptional case bccau comparatively few new
triaIs nave been given by the Court or Appeals Tor
several years. But II illustrates me poselhlly
Of a murderer, whose guilt is perfectly
vian escaunQ the ga lows for long time THIS condi'
lion OF affairs many persons believe, has tendency 10
ncrease lie number gravest crimes, and To en-
rage hr worst elias ses IN "A reckless disregard Of life.
President Andrew ID. White. OF CoIbel Onl'ersly, Tot
merry Minister Berlin, recently In conversation spoke
with much rnestness Of the increase IN the number ~
murders III many Of the large American communities
There was no civilized country IN tue woru ne shd'
where the proportion Of murderers to the number OF In
haotants great asin America lay whch nad me
highest for any European country was M DeoW te
Tinted states and lie mentioned some statistics TO Illus.
trae the Nor could this he sao be ascriped
proporuon OF murderers the inhabitants was increasing
In fastest ratio IN the parts OF the country mat were
Oldest aud which had IN reay outgroTn bon oi
affairs that would ente them 10 be called new ftesl
dent MultO did think tnAt the EhBnsu OI
allowing 10 appeal all should be adopted but lie dld
think tlat tne prisoner ought to be limited To single
annea He should have first the fartst ana fullest
trial that II possible TO give, held ms soon after the
commission Of the crime "a II could be arranged. aud
then one single appeal to The Court or
Anoesis lie thought taat this would bring the time
OF xecut much closer To TIC time OF the
conInl,.ion the murders and thus exert very sau
tary eject Don the criminal classes. lie was also OPP
noaed 10 the granting OF repTeVes except under very
extraur lnary circumstance
surroeae Rollins, formerly attorney, does not
tbuk iI possible materially to shorten the murdcrcTs
time before hanging except by cutting OH one appeal.
f against that suggestion II would be urged that man
having $500 at stake suit had the right TO CARY IL
through the intermediate stages OF app, a. and that
tersou charged murder should nave the right
wnen his life the stake. Assistant District
Attorney Allen said that the time between the
commission murders ana the hanging OF the
culprlts might ana should be materially shortened.
There was n why murderer should not be
ind cted once; tried within two weeks the appeal
heard at General Term within two weeks aftcrwurd;
the appeal there disposed Of Immediately or within
week after argument, and 1na decision rendered by
me Cour OF Appeals WITHIN month following. Al pres
emf the Judges their decision too long and other
facjlltIes for delay were afforded the prisoners
courts Mr. Allen feared that the abolition or the right
OF intermediate appeal to the General Term might prove
Ia he violation OF the Constitution. but admitted that
il would be much better II the appeal could be taken
drecfy from the trial court to the Court OF Appeals lie
sad that there unusually small number OF prison
ers now i'm the Iombs charges OF murder, the
tire number not exceeding ten.