New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-12


The remark frequently heard toward the close Of
the Frenchy" trial that the defendant had convicted
himself by his behavior and his contradictions on the
witness-stand is in line with the observation OF many
criminal lawyers who believe that the law allowing the
defendant in criminal 10 take the witness stand
in his own behalf is an injury rather than benefit
to the accused man. II IS not many years since the
law In this state first permitted the defendant to testify
and now the British Parliament Is considering a similar
measure. similar bill has several times passed the
House OF Lords in recent years but has never been &C
cepted by the House Of Commons, partly because I'M
portant political discussions have interfercd. Most OF
tho eminent judges and law officers of England favor
the bill, and Sir James Ftzjames stephen and sir
Charles Russell have been among its most active advo
Gates The lawyers are not, however, wholly in Its
favor. one Of Sir Charles Russens arguments was
that the present in England excluded the evidence
Of the person who knew most OF the transaction in
question, but law-wrer points out that If the de-
PENDANT innocent he probably knows nothing OF the
transaction IN question, and If he is ignorant, may be
led into contradictions by crOss-examnation which
will Iced the Jury 10 believe that he is giving false
testimony 10 the main points involved. Inc oplh-
ion OF many criminal lawyers in this state IS that tho
law is less favorable TO the defendant than that which
prevented him from testifying An ingenious lawyer
under the practice formerly in vogue could tell In
better words than the defendant the story which he
question which method is most conducive to Just re-
suits The proposed English law Omts one important
provision which has been found necessary IN almost
every state in which the defendant in criminal case
Is competent witness. There is no prohibition IN the
English bill against any comment by the proseCuuhS
attorney the fact that defendant has not testhed
if he chooses TO remain silent Many convictions have
been overturned in the United States because tne pro
vision against such comments was not compiled with
The courts hold that the danger Of examination
is so great that II defendant for any reason Is I'M
willing 10 undergo the ordeal his refusal 10 testify
oaru Ia
Some Of the police justices are attempting an I'M
possible reform endeavoring to break up the practice
Of steering clients into the offices Of the police court
lawyers. II the police justices could accomplish the
destruction Of the present infamous methods adopted
by some Of the lawyers who do business at the police
courts they would confer boon on the community
I'm. there IS little chance Of their From the
moment an arrest is made under either Federal or
state authority the poor prisoner Is subjected 10 all
manner OF pressure TO employ certain lawyers IL Is
fair t. say that municipal police as rulc are free
from completely In the squeezing process Dut rom
the time prisoner reaches his cell he finds hosts OF
new acQuantances ready recommend some particular
attorney as the only man who obtain his release.
Cards are pushed into his hand, a whispered word
advises him to employ this or that man, b Keeper
speaks a good word for n friend who IS an attorney,
and sometimes prisoner arTaignet at the bar hnds
some one speaking in his behalf and learns TO MS
mat he has counsel All oohNu
(Or bail Is obtained II possible, and then the lawyer
begin, TO nsstup payment II the prisoner Is poor
his wife and relatives are visited il he Is menlDer
~ an association his fellow members are called on
~ contribute toward his counsel fee, ana II nothing
cIse can be obtained Of the lawyers VIII not
hesitate 20 take articles when can ne paWheu 70
raise the amount demanded. The difficulties and the
treouent oil grace attending the obtaining OF criminal
business prevented many bright lawyers OF g0Od
rcputc from practising criminal law Inc reiOrner VINO
will succeed in breaking up tine present system OF
soliciting business in the police courts need not rear
10 undertake any subsequent hDot ot purifying pubhc
business.
The second Division of the Court Of Appeals has
recently decided two cases In which wills offered
for probate with doubtful signatures. The law re
aures that a will shall be subscribed at the end
will offered in wyoming County occupied two pages
on the first page printed blank, having near
the botto, the usual subscription clause. The page
VA, not long enough for all the testator had 10 sag
and he wrote on the back Of the paper but signed
the front page In the place provided In the blank
form. The maker of the will wrote the words car
r,ed Ia hack Of WILL" continued and signature on
face Of the will at appropriate places. but the court
held that il was not subscribed az the end and re-
fused to admit the will 90 probate. Three OF the /
ludges dssented on the ground that the words car
rIed to the back Of the WILL etc, sufficiently con
nected the various parts, tht the signature might
be considered as at the end Of the paper. stu |
later case was that In which Photograph will Ind the
name Of the estatrx In the first line, and the VIII
was properly acknowledged. II held that the
rriting OF the name al the beginning Of the document