The morning call., 1893-01-07

w. t.,
the act of the Legislature providing for
Police Court went into effect, these cases
were all handled by one Police Court. The
jury cases were tried by the City Criminal
Court, but l will speak OF them later, for
they really ted TO EothiDg.
From this table you will see that up~to
the fiscal year commencing July ], 1880. one
court handled $4,000. 10000, and even as
high as 220O0 year, even more than the
two courts handled from 1886 to 1883 On
an average the two courts up to March,
1889. had only about 5000 cases year more
TO dispose of than enc court alone had
handled, but in the fiscal year ending June
80, 1891, the three courts had less number
Of cases than two had handled in 1SS3-S4
and 1885 So.
"The total number of arrests for the fiscal
year ending June 80, 1893. was 29.25S, only
5000 or 1000 more cases than two courts had
handled, and less than third more than
one court had disposed of in q single year.
The number OF arrests for the past six
months was Il, 6i5. which indicates that the
total number at the end Of this year VIII be
greater than last.
Nov then. here is the way / have figured
this matter ont: III one court can and has
disposed OF $4,000 cases in year. two courts
can handle 1900, and three courts 66, 600 in
the same length OF time But now we have
three courts 10 hear but $4,000 cases. Now
the proposition is 10 have four Police courts
10 handle the business which one and half
should be able 10 hear.
1T will be great many years before the
total number OF arrests reach $4,000, the
capacity OF two courts, and in that time our
third Police Court could try ali the jury
cases and have time to attend to other bust
ness besides.
when these figures are shown TO the
people who are working for a third Police
Court they say: But up to 1880 the City
Criminal Court tried ali jury cases. That
does not alter the situation. One Police
Court has disposed of %, 000 cases a year.
less the misdemeanor jury trials Then
two courts should be able to hear 1900
cases q year, less the jury trials. Now,
then, we have three Police Courts. Let
one OF them try jury cases and the other
two courts will have great deal less than
$4,000 cases year to hear, or. about 1900
below their full capacity, II the officials do
their duty.
1T is true that jury trials are set for
almost every day up to the middle Of next
April. and the courts appear TO be pretty
well blocked. 1t is all apparent. however,
and there Is a remedy which would clear
the calendars OF jury cases in SIX months.
s"The situation is about this Every attor-
ney knows that If he demands jury trial
the case against his client will not be heard
for three or four months. BY that time the
witnesses will have disappeared or will have
become disguised with frequent con tinu-
before the court no one will appear 10
prosecute. Knowing that demand for
jury means delay and that delay helps the
case, the attorneys have learned to demand
it, not because they do not want the Judge
to try the case, but simply for delay.
'Not one ont of ten of these cases are
tried by a jury. When the time comes the
attorney has had all the delay he wanted so
he simply valves a jury and the court hears
the case II any one appears to prosecute or
it has not been fixed.
Now, the remedy is this: When an
attorney demands jury the Judge, who
understands that it is purely to gain time,
should instruct him that If jury c0nvicts
the defendant he will be sentenced to the
full penalty allowed by law. If he persists
in demanding jury let the Judge set it Tor
trial that same afternoon or evening and
see that it is tried then. The attorney finds
that his scheme TO secure postponement is
baked and he Will very soon conclude that
he does not want jury, especially as 1t will
increase the chances of his client getting
the full penalty and make more work for
him.
"If that plan is followed but one jury a
day viii be demanded III each court, aud
instead of the work on the jury calendar
increasing it will rapidly decrease until the
courts can keep up with their business with
ease.
''rhese jury trials under the present sys-
the court. When it is convened in the
morning, at 10 o'clock, it has only until II
in which to dispose of the whole calendar,
for jury trial is set down for the after
noon. Therefore all the cases on the caen-
dar are either tried or continued in the
morning, and in the afternoon the jury trial
is waived. IL occupies about ten minutes
aud Is disposed of. Then there is nothing
else before the court and the remainder of
the day is wasted.
1.-The judicial day is from 10 To IL and 2 to
O'clock. four hours day. but in the Po-
lice courts they do not average three.
Court is never held on Saturday afternoons
and holidays. deaths, waived juries, etc,
leave almost nothing TO do on the after
Moons OF other days.
''Ihe frequent continuance OF cases,
necessitating their being carried OH the
calendar for weeks at time, is another
cause Of delay. This Is often done because
an attorney cannot be in court To attend to
the case, being busy elsewhere. have seen
thirty business men and as many witnesses
dragged away from their stores to act as
jurors in the Police Court, and after being
kept waiting an hour or two. sent away to
come another day. simply because an at
torney's business called him elsewhere.
am an attorney, but | think that is one of
the greatest ouirageS practiced upon the
public to-day. Why should the public suffer
TO suit an attorneys convenience? Ii he
cannot attend to business he should not
take II. and a litigant should not employ an
attorney unless he is satisfied that his
business viii be attended TO. If he does not
appear when a case is called it should not
be continued 10 accommodate him, but the
client should be instructed to employ
another Immediately and proceed with his
case.
mo. sir, we do not want another Police
Court but we do want Police Court officials
who will attend to the public business
properly. When we have them there will