The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-17
An Unfortunate Judicial outburst'


A. n public dinner in this city on
Monday evening, that conservatism, pro-
priety and reserve in speech which ought
10 ohsracteriz|the judicial Office were
signally disr<garled by the Hon. VERNON
NJ, DAVIS, one of the Justices Of the STU
preme Court in this judicial district, who
presided over the second trial OF NAN
PATTERSON for the crime Of murder in
the first degree. -... -,
an the second trial before me, said
Judge DAVIS in this after dinner speech TO
an association of law students, 1.-The de-
PENDANT went on the stand, and 1T was
quite obvious that she was telling false
hoods from the beginning to the end The
very air seemed charged with the fact
that she was lying" 80.
Heretofore it has not generally been
deemed decormrs either.in England or in
this country for Judge to denounce
defendant whom a jury has refused to
-. IT Of crime. Occasionally verdict
n8mittc IT has elected a rebuke to the
Jurors from the bench, but outbursts OF
this kind have usually been criticized as
unwarrantable by the more soberminded
and thoughtful members Of the bar. 1t is
the function Of the jury under our system
OF criminal Jurisprudence to convict the
defendant, if he is to be convicted at all.
and the Judge has no more right to find
fault with the jurors for refusing to con-
viot than the jurors have to find fault with
the Judges instructions as to the rules OF
law which should guide them in their de-
termination of the case.
Mr.. Justice DAVIS, however, has gone
much further than those Judges who have
merely manifested their displeasure on
the spur of the moment at the rendition
OF an unexpected verdict. He has pub
licly declared that woman accused OF
the gravest crime known to our law has
repeatedly committed perjury in order to
save her life: and he makes this declara-
ton, with all the weight of his high Judi
cial position to support it, not after an
acauittal, but knowing that under the law
she may again be put upon trial for the
same crime! Of course, this is not likely
to happen; but nevertheless it is legal
possibility. and one which ought not to be
ignored by Judge.
But Mr.. Justice DAVIS entertains
almost as unfavorable an opinion of
this community as he does Of NAN PAT
TEasoS herself He asserts not only
that she lied, but that the New York
public knew that she was lying and
wanted her to profit by so doing. This
passage from his address is not stscep-
tble of any other interpretations yet
she was woman. She was young.
1t WIS natural the public should SYM
pathize with her. People seemed to
know that she was not telling the truth,
and the great public OF New York said:
why shouldn't she lie? Let her lie.
Let her act the benefit Il her lies.
This is a pretty severe indictment of
the community which chose Mr.. VERNON
NJ DAVIS to be a Justice Of the Supreme
Court We do not believe the New
York public is so bad as that There
may have been too much sentimental
sympathy with NAN PATTERSON, but
SO far as there was desire for her
acQulttIl II VAS DaSeu upon the general
impression that the evidence against
her did not suffice TO warrant convic-
ton. We have not vet reached such
a depth Of degradation that the people
wish murderess to escape punishment
by means Of false swearing.
The regrettable truth is that Mr.. Jus
tice DAVIS talked not wisely but too
much at the Phi Delta Phi banquet on
Monday evening. For several wears to
come it would be we'll for him to keep
constantly in view one Of those large
placards which ornament public libraries
and other places where reading and
meditation are cultivated, and which bear
the significant admonition: Silence