New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-13
1T is OFTEN A HINDRANCE
THE DIsTRIcT-A OFFICE MOI
ALWAYS A HELP TO JUSTICE.
A SPECIFIC ARRauNMENr By THE .PARKHCRs1
soTETY-rRANK MOSS TELLS THE RE
Sr-rT { = HIN EXPERIENCE

SUIT CT HIs EXPERIENCE.
The Society for the Prevention OF Crime or fary
hurst society," II is more generally known.
brought into such close relations with the criminal
courts Of the city that particular value attaches
to anything 1t has to say the subject In re-
port just issued the officers of the society toucn
on various features OF its work The contripu-
ton of Frank Moss. the counsel. deals especially
with the Disrict-Attorney's office He explains va
rlous causes which have hampered the society IN
its work and says significantly Of the overthrow
of Tammany Hall that the District-Attorney's or
fee and several other important departments In
the administration Of the criminal law have not
been touched in the general overhauling. MI Moss
has intimate acquaintance with the powers and
opportunities Of the Disrict-Atorney. and says on
this point:
What great good would result to the city by
earnest fearless. positive administration OF the
District-Attorney's office. with all the machinery
at its command, hardly be estimated. II Is
the most powerful office In the city. and Tammany
controls it. The District-Attorncy advises the
Grand Jures; rarely. indeed. do they find indict-
mcnts against hts advice. seldom do they fail 10
dismiss complaints his recommendation. All
matters TO be submitted TO the Grand Juries are
supposed to go through his hands. indeed. II Is
considered a grave breach OF decorum TO try TO
reach the Grand Jury except through him. The
District Attorney his assistant prepares the i'm
portant cases which be- submitted 10 the
Grand Juries. selecting the witnesses and interro-
eating them. Generally the Jurors are not sus-
picious of their legal adviser. and do not Doubt
but that the fully and fasrly presented
The proceedings are secret and II IL grave Of
fence to dvuIge any Of them. What opportunities
the District-Attorney has TO make indictments and
to kill prosecutions IN secret
DISTRICT ATTORNEY EXCLUDED
Important cases have been prepared by the So
ciety in past years. We have relinqushed them to
the Distrct-Attorney at the door of the Grand Jury
room and they have failed Were the witnesses
wisely and fairly Questioned by the Assistant
District-Attorney and did the turies get. q
full view OF the cases? Who tell? When
the Grand Jury of 1893 took evidence and
brought in presentments against Captains Will
Jams and Allaiie. II excluded the District
Attorney from its counsels: the course
taken by the Grand Jury of March 1892. which
spent nearly a month investigating the Police De-
partment and brought in the famous presentment
which charged corruption against the Department
in general; but few Grand Juries constituted
to have the knowledge the wisdom and the IN
dependence TO do those two juriss did. q
Then the District Attorney alone manages the
indictments that are found He alone selects the
cases that to be tried. and he pigeonholes
f fnHss the courl not cannot III with HIM
he and asendan, sSd no not SsvsT ito , tsy
can compel him TO try T. lie can ure ,ro out IN, ,ne
to tine and we know of eases that have failed be;
cause prosecuting witnesses. firing Of. repeated
dismissal Of the Indictments nay ~ '''''N y ~
He can slip in before unsuspecting Judge with
interesting indictment. and on representing mat
he cannot secure conviction he can have. II
quashed Sometimes judges refuse TO sign such
dismissas. expressing their doubts OF the good
faith of the applications, but others more com
PLEASANT and sign whatever the District Attorneys
representative asks for" "s'" - -e!. -
ACCUSED MEN GO SCOT FREE. r..
Mr. Moss then goes into the indictments found
against police officials after the Lexow lnvestga-
tion and explains how many were allowed to grow
stale. so that they might be dismissed. Only two
men were tried and convicted. Inspector McI.augh-
lin and Captain Stephenson and both now on
bail. pc ding the decision Of their appeals Captain
Carpenter pleaded guilty. Commenting this
state OK affairs Mr.. Moss says "C;tn II ne posi-.
bic that the general ratio OF cases tried and cases
II appears to be- I'm police cases? Can IT
be- possible that the joint session of august Grand
Jures and astute District Attorneys show such n
general average OF fruitlessness, II Is perfectly
clear that this branch of the criminal law admin
istration l. inefficient ito be- charable) at the In
dctment end at the court end at the middle.
whore by delays and opportunities for the liking
OF Witnesses the vitality of cases originally good IL
allowed. If not helped, TO depart. There is no part
OF the whole criminal administration to which the
eyes of the criminal turn with more hope than to
the Dstrct-Attorney's Office
Arthur +. bennett, the superintendent, gives In
teresting details Of the fight against various forms
OF vice There l. also an account OF the trial OF
Cornelius r. Parker the policy hacker. in which
Judge Cowing discharged the jury promptly
when II stood ten to two for conviction