New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-10-28
GARDINER BEYOND REACH.
NO REDRESS FOR PERSONS INDICTED
WHO ARE NOT BROUGHT TO TRIAL

..The unusual action Of the October Grand Jury"
said a prominent lawyer yesterday. in appoint
ing a committee TO find out why murder cases are
NOT sent for trial TO the Court OF General Sessions
by the District Attorney. but sent into tho su-
preme Court where there is only one part for them
TO be tried in must be regarded by Asa Bird Gar
diner as an unwarranted piece OF impertinence He
ia merely trying set the General Sessions Judges
In what he considers their proper place and punish
them for daring TO demand that they be furnished
with a court calendar.
1T Ia well known that the only calendar they get
from him is list OF which he may or may
not call for any particular day. II he any OF his
assistants decide at tho last moment not TO call
any case on this alleged calendar. no General SEES
sions Judge tell the defendant when 1t VIII
come up again. Only the District Attorney knows
that He may deign to tell the defendants coun-
sell and he may not Even If he does fix date
and the lawyer appears with all his witnesses, he
may find his case not the days calendar at ALL.
and there is no redress Tho District Attorney s
power is absolute
This is one of the causes why so few reputable
lawyers take up criminal practice to any extent,
and those who do make speciality OF IT, Only
those can succeed with It who on friendly terms
with the District Attorneys Office. For criminal
LAWYER Ia antagonize that office is 10 invite thou-
sand obstacles that he might otherwise avoid Ohe
of the grave abuses growing out OF THIS state OF
affairs is be seen in the cases or delenuhht9 'uo
poor to procure counsel, and to whom the Court
assigns counsel pro fOrma. In most OF sucn cases
the attorney so assigned gets no Zee at al. ! ne
District Attorney and MS assistants make tneir
record upon the number of convictions they secure
and the temptation is strong to let them nave
their own way in these cases. ana consequently
only O. perfunctory defence is often made.
whats the good of antagonzing the District
Attorney when there Is no money In II! says
many a lawyer to himself in such case, and the
poor man suffers , 49,
This system OF a District Attorney building up
n record upon the number of convictions he secures
leads TO another evil which is that none or MIS-
assistants are anxious TO try a case where conVic,
ton appears impossible. Such cases are postponed
and postponed. and passed along from one as
glsfant 10 another while the defendant anxious 10
get a trial and clear his character must suffer In
silence II is true that after prolonged and wholly
unreasonable delay the Court may dismiss the IN
dictment for lack OF prosecution, but THAT IS a
poor certificate OF character FOR a man VINO mas
been smudged by "A disGracefu charge. There are
too many ways OF procuring lack of prosecution
10 give such a whitewash any weight in the eyes
of the world. Nindication Is what every Falsely
accused defendant IS entitled to.
And vet so antiquatcd is our system or criminal
procedure I'm this State that all these abuses
flourish under the sanction Of the law, and no
matter what the Grand Jury may discover AMI re
solve about Mr. Gardiners cruel treatment OF the
in Geferring their trials from month 70 month, to
vindicate his independence OF the General Sessions
Judges the Grand Jurors will find themselves help
lessio relieve the situation without remedial legis-
laton. Gardiner Is safe, and he knows II, SO long
as New-NOrk state retains a system or legal
procedure borrowed from England generations
ago"