The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-28
LAWS SHIELD TO THE GUILTY
JERONE Racks TiF7'S IOGIC
UITH EVA NFLES.

the District AttOrneS-Nhy Pcrml
and Not Compel the Accused 4
Testify Appeals Are Made TOO Eas,
District Attorney Jerome had som
comments to make yesterday on Secretar,
Taft's speech at New Haven on Monday
on the administration OF the criminal law
Mr.. Jerome agrees fully with Seoretar!
Taft. In discussing the speech yesterday
he referred. without giving any names
to the indictment Of Abraham Humme
and the investigation OF the Dodge-Morse
marriage and divorce tangle. Mr.. Jerome
said:
In my opinion, Secretary Taft has put
his finger on the one sore spot In the ad-
ministration Of the criminal law. We And
here that the one great difficulty is that
the Judges Of the appellate courts are usually
without great experience in the criminal
law and some Of them admit that they
have tendency to become academic.
Now there is no reason to believe that
there are any imminent perils to citizen
on trial, such as existed back in the days
OF the Stuarts and the Star Chamber. 1t is
my belief that the laws are often so inter-
preted by the appellate courts a. to be q
shield for criminals rather than q pro-
lection for the innocent. To-day there ia
graver peril to the community from many
constitutional provisions than there ID pro-
lection afforded to the innocent.
Secretary Taft Is certainly right In logic
and in sense when he points out the alb
surdity Of allowing a defendant to take the
witness stand but not making this com
pulsory In affairs Of business. business
man seeking information will go to a person
who knows most about the subject. Why
should this not be 30 in the administration
Of the law?
How absurd it is to have a defendant
Sit by during his trial and speculate on the
Peoples case and then il he finds it weak
stay of the witness stand but II he feels
that he can beat it by taking the stand 60
on in his own defense? Can't this com
munity. trust its own judges TO give any
man fair trial? How much better 1t would
be to allow the prosecution to call him if he
didn't want to take the stand.
Isn't it absurd that a lawyer Of twenty
Ave years experience, mostly in the practise
of criminal law, after being taken before
the Grand Jury and interrogated as to who
+ gGdE r OF ad crime may because tbu the
ment set aside on the ground that his con-
stitutonal rights have been invaded and
that he was forced to be a witness against
himself? Is there any analogy in Grand
Jury OF twenty-three. citizens and star
chamber proceeding? Yet a number Of
upright, able Judges tell us that is the law.
Other Judges just as upright and as able,
say it isn't the law. But this very conflict
of authority shows how far removed is the
law from the wants and needs Of a COM
like ours.
Another point. II an important witness
in criminal tria is in Jersey City his test.
mony cannot be had unless he comes to this
city, yet in civil suit for paltry one hun
dred dollars his testimony can be taken by
deposition, Now in the shipbuildine in
vest ipafiOD I had 1ttla doubt bot
larceny by false preten ses had been com
Inittad by means Of a circular sent out to |
induce persons to subscribe. ! examined
some persons who could be used as witnesses |
but found that / couldn't prove the falsity
Of the statements in that circular unless by |
akng dispositions; yet six civil suits were |
settled, for among other reasons there the |
1epostions could be had
The District Attorney called attention
% the fact that every convicted man has the
he trial Judge he. can go to the Appellate
Division, take up the time OF the Ave Jud yea
Mere. and il the decision is against him
lie will go to the Court Of Appeals, and in this
way the case Of a man convicted of petty
aroeny. can be before thirteen Judges
'erore Judgment is finally reached.
Look at this spectacle Mr., jerome
aid: "A crime was committed on Sept. /,
800: IT takes whole year TO get back
o the jurisdiction Of this State one OF the
'eleiluhhts ana costS the county $35 900,
or by stays and other legal procedure
e was enabled 10 stay in another State.
IN indictment was found in January Of
his year. The District Attorney has been
sing every power to bring one Of the cases
0 trial, spending money, even to printing
he papers for the other side, and here it Is
uly l, 1905. and as yet nothing is doing
AXE the Patrick case, If you like for another
xample Of the laws delay
1t all shows that a convicted man with
honey who is ready to fight with all his
esources can make it exceedingly slow
nd enormously expensive for the prose-
lting official to bring him to punishment"