New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-12
rs JUSTICE A FARCE?
Courts Cleared to Secure Convictions,
lSaus lHr. ChanIer.

II the members Of the WoTnen's Municipal
League ever entertained the pleasant deluslon
that the courts of New-York which the tax
payers maintain at great expense, are places
where even handed Justice is dispensed they were
rudely awakened from their dreams by an
address on Our Criminal Courts" delivered
before them yesterday morning at the City CIuD
by Lewis Stuyvesant Chanler.
The gist OF Mr.. CHAMBERS remarks was that
judges and prosecuting attorneys had reputa-
tons TO make. and that accused persons were
sacrificed TO this necessity.
81 am not blaming any one" he explained. and
I consider the situation much better than II was
a dozen years ago. but at the same time these
are facts. Our whole court machinery is geared
to secure conviction because all the persons
connected with 1t want to justify their own eX-
istence. The policeman is judged by his arrests,
even II the persons arrested are afterward &C
quilted
THE Judge wants TO secure convictions be-
cause he knows that if he doesn't the District
Attorney won't give him any cases to try, or
only small ones. and the prosecuting attorney
wants to secure convictions because he knows
that this is the path Of advancement The re
suit is that the counsel for the defence enters
the court with the case practically prejudged
against his client. The Judge and the jury are
chosen men and the counsel is plainly given to
understand that he is only taking up the time OF
the court uselessly. I have had judges intimate
TO me that they intended to give me very snort
shrift and got short shrift
There are great many misconceptions
abroad about the men who practise In the Grim
'inRl courts, and much is written about their
tricky ways. 1t is true that some Of them are
the dregs of the profession. but they are not all
such by any means. Many of them young
mar trim To they
great deal 10 contend against one OF their
greatest hardshipS is the power OF the DlstTact
until he is ready 70 try the case, and com
polling them be hand any time he chooses
% do it He can keep you in court every DAY
for two weeks If he wants 70. and the Judge
does not choose TO intervene.
Last summer / tried in vain to get some IN
formation from the District Attorney TO when
ne meant 10 try a certain case. and as my client
had been in the Tombs for over year had
TO get order compelling the trial Of the case
Under our present laws the practitioner in the
criminal courts has absolutely no rights except
the right to defend his client when the case
comes up. It is disheartening that l know
nearly dozen men who have given II up, de-
claring that they couldn't stand il any longer.
Under the existing constitution Of our courts
] don't blame any one for these th1ngS, bul
when the persons concerned pretend TO be actu-
ated by a high sense of duty il Is very annoy
To remedy these evils Mr. Chanler considers
il is necessary 70 begin with the grand jury.
There are too many indictments. he thinks,
Judging by the larger number OF acquittals that
always appear IN the District Attorneys report
The grand jury, in his opinion, cannot help
this as il has too much 10 do TO examine each
case carefully; but a preliminary examining
board might tighten its labors by recommend
ing the dismissal of cases in which conviction
was manifestly impossible.
IF this were done" remarked Mr. Chanler.
I'VE might have less judge at a salary of
$4,000 a year.
An enlargement of the machinery of the
courts would not, the speaker thought give any
more time for the proper administration of jus
tice as the new officials would ant to Justify
their existence and business would be increased
in proportion He also recommended that the
District Attorney should not he allowed TO post
pone a case without good and sufficient reason.
Mrs Resale Loew Whitney, who was present,
confirmed everything Mr.. Chanler had said,
and quoted one judge as saying:
We are doing the best we can. but we can't
do Justice"