New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-04-13
DESERTED REBUKES.

In reversing the conviction in the Bissert case
the Appellate Division puts on record a well
merited rebuke of the methods which have been
too long tolerated in one part of the Court of
General Sessions. 1t is TO be regretted that
through mistaken kindness the Court Of Ap-
peals when granting new trial to Molneux
did not more severely characterize these same
methods, which We're more fiagrantly exhibited
iii that prosecution than in the case of Bissert.
A lesson greatly needed, bad habits were
becoming chronic, and, unfortunate is the
encouragement of efforts TO punish police cor
ruption it is high time for the Appellate judges.
since they feel bound 10 grant new trial 10
Bissert, to express unmistakable opinion Of
the practices which tend more and more TO
make criminal trials in this city disgraceful
spectacle and convictions hardly worth secur-
ing because of the probability of reversal owing
&c the lawless excuses allowed to prosecutors.
This opinion the Appellate Division has ex-
pressed most forcibly. On the question Of re-
versal itself the court is divided, but even the
minority who think the errors were not stuff
Gent to set aside the verdict, agree upon the
irpropriety Of Assistant District Attorney Os
borne's conduct Justice Pattersons dissenting
opinion must in some ways he as bumiiiating TO
Mr. Osborne as the majority view, which takes
his eloquence and his exaggerated passions seri-
GuslN- justice Patterson. 1n1DkS 100 wei OF the
common sense OF jurypen to believe that Mr..
osbornes ''tunlid style and overshot declama-
ton" influenced them. He thinks rather that
such oratory would prejudice the jury in favor
OF defendant. The prevailing opinion speaks
of the ''infammatory" and Incorporate" Ian
guage Of Mr.. Osborne which is declared to have
exceeded all bounds Of propriety. and declares
that when counsel in trial uses improper Ian
guage it is the duty of the court to rebuke and
check him and instruct the jury TO disregard his
remarks. When the judge fails TO do this the
court says, its censure and criticism are as ap-
pIicable TO the conduct of the judge as TO that
OF the prosecutor. Speaking of some of Mr. Os-
borne's improper remarks, the opinion declares:
When the courts attention was called to such
statements. instead Of promptly checking them
and fnstructing the jury entirely disregard the
same he implicitly approved OF them by direct
ing the District Attorney to call witness.
Such rebuke of Recorder Golf and Assistant
District Attorney Osborne ought 10 have de.
cfdedly healthful effect. Mr.. Osborne has for
several years been conducting himself in court
IN most offensive manner. and he has too fire.
Quentiy seemed 10 have the sympathy and sup
port OF the Recorder in courses the liberation
of which excited the establishment of the bar
end OF the public. IL is not the business of a
prosecuting officer 10 build up q case at all
hazards and invade defendants rights as far
- a complacent judge an unskilful opponent
VIII let him. He does not stand in the same
position advocate in a civil suit, neither
- he acting under the French law, although our