Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-07-14
TRIALS OF CRIMINAL CASES.
How Recent Judicial Decisions Have
Changed the Practice Here.

PoLIcT CASES AND orHER ALLEGED VIOLATIONS OF
Us. LAWS 90 FROM THE roLIcE COURT TO THE
CRIMINAL COURT, GREATLY INCREASING ITS
BUsISEss-rHE RIGHT OF TRIAL BIZ Jury.
There have been so many decisions affecting
the criminal law practice in this District rem
| dered during the past year or two that when
cases are brought before the Police Court the
lawyers avail themselves of dll sorts Of motions
| and legal objections, so that the court has had
to sit almost from morning until night on
many occasions in order to dispose Of the
large amount Of business brought before it.
The decisions mentioned, it is claimed. conflict
with each other in such manner to throw
doubt on the legality of the disposition Of many
cases tried in the Police Court and especially in
cases involving offenses against the United
States.
THE GREEN DECISION.
The decision Of the Supreme Court Of the
District, rendered in the policy case of Edward
Green last Monday. it was at first thought
placed the criminal practice, SO far as the Po-
lice Court was concerned, in a very uncertain
position. but such does not appear to be the
case. On the contrary the decision say Police
Court people. relieves that court to a con-
siderable extent, and unless another decision
is rendered before action is taken by Congress
that court will have plain sailing
THE RIGHT TO TRIAL BY JURY.
After the decision in the Callan case persons
charged in the Police Court with offenses
against the United States mot against the Dis
tricD could demand trial by jury. They were
entitled to trial by jury IN the first instance, if
they requested it.
The statute having given the Police Court
certain jurisdiction it was a serious question
xxhn n I'd 10 s,,-..
asked for il should be tried, the Police Court
having no jury. The question then arose
whether the defendant would have to wait for
legislation or whether he could be tried in the
Supreme Court of the District, which was
already provided with jury in the criminal
branch.
POLICY CASE SENT TO THE CRIMINAL COURT AND
TRIED BY JURY.
The case of Edward Green. for writing
policy, was before the court and counsel de-
manded a jury trial. A warrant was made out
and Judge Miller sent the case along to the
grand jury. The case went through the Grim
lnal Court and the decision fully sustained the
action of the Police Court. In rendering the
decision the court stated that only the par
tlcular case before it was being decided. In
view OF the decision in the Calan case and the
facts that no jury has ever been provided for
the Police Court, and that the jurisdiction in
such cases was never taken from the Criminal
Court, where it existed before the Police
Court was formed, the effect OF the decision
will be that no case will hereafter be
without place of trial All cases not coming
within the constitutional right Of trial by Jury
can be tried in the Police Court, and ali cases
triable by jury at common law can be sent to
the Supreme Court of the District for trial
until Congress provides jury for the Police
Court. thereby furnishing the constitutional
machinery for the Police Court to exercise the
jurisdiction conferred upon it by the act organ
izing that tribunal. If jury trials are demanded
a great many cases will go to the Criminal
Court and SO crowd the docket that it will
necessitate the establishment of another GRIM
iual court.
The question whether a particular case
comes within the constitutional guarantee of
trial by jury will have to be decided in each
case when raised. This does not, however in
clude the alleged violations of the District
ordinances which are treated as police regula-
tons, and as such are triable by the Police
Court
In the Green case, as the punishment was so
severe, the court hold that it was clearly within
the category of cases in which the defendants
were entitled to jury trials and therefore sus-
tanned the action nj IulOa