New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-16
DEAD or OLD AGE.

The dismissal Of the Scannell conspiracy in
dictments with the consent and on the advice
Of District Attorney Jerome was a spectacle in
melancholy contrast 70 that Of Beavers in Wash
ingron awaiting transportation TO serve q
tence for transgressing federal laws. New
York i exceedingly proud of its District Attor-
hey and does not lack assurance Of his bravery,
ability and good intentions But even the en-
forcement of the criminal law under his leader
ship leaves US, nevertheless. TO face the fact
that il Is much less formidable thing 10 be
accused OF violating the laws Of New-York
than Of violating the laws Of the United
States. We see Il AT almost every turn. The
liquor dealer who thinks IL safe TO 20 without
state license generally complies with the United
States revenue laws. The federal CRATER de-
spite the political pull Of q Beavers, finds the
Ineshes of the law too strong for him TO break.
Greene and G8ynor may spend thousands of dol
lars TO secure delay and then escape TO Can
ada. but the Department Of Justice pursues IT'S
course quietly and relentIessy. losing no wit
nesses and forgetting points. 1t is dan
gerous thing 10 monkey" with the United States
Penal Code. But if you can only play long
enough with charge Of grating here. Won can
De pretty sure that the prosecutors attention
Will he diverted To pastures new and thar his
witnesses Will disappear
Scannen was first indicted in June. 1901 nv
Dlslrlct Attorney Philbin. charged with conspir-
acy with one Marks in the letting Of Fire Denarr
nent contracts This Indictment was set aside
bT Justice Gildersleeve on a technicality. but Mr.
Fhllbln obtained new Indictment in November
l!E'l Just before he gave way 70 Mr. Jerome
me case WAS apparently so clear that Scan
nclIs friends and lawyers devoted all their an
ergy 10 securing delay. and they succeeded he
yond their utmost expectations ScauneU when
nrst accused, profesSed the greatest az cerpass
Tor speedy trial and vindication but his eager
ness soon abated and he has apparently been
more man content 10 rest under the shadow
OF accusation. II The case had been pusoad n
trlal early IN 1902, while the witnesses were at
hand something might have been ACCOMPLISHED
Repeatedly in the summer OF 1902 The Tribune
urged MI jerome TO give attention TO this case
ana bring 10 its conclusion the work so we'll
begun by Mr. Philbin. but nothing was done
except 10 Accommodate ScanneIrs clever and
persuasive lawyers with delay Finally. II is
discovered that the delay has done its perfect
work that witnesses cannot be produced 10
repeat the testimony given 10 the grand Jury
and the Indictment is dismissed untried. after
IL has been allowed 70 become more than four
years old.
Possibly the ways Of the law sra 50 commit
Gated IN this state that such an o. one is in
evitable. Maybe the District Attorney has n
cope with technical obstacles and guard Ioon-
holes unknown in federal practice Indeed. the
generally superior directness and sureness Of
Ieder24 prosecutions suggest as much But Ger
Isihiy the contrast is annoying and our local
system should be SC revised as TO make possi-
DIE ue triaI OF men like Scannell before the
ehsf@ aehlhst them have gone 70 decay. If Scan
nell was guilty, the time 70 prove II was when
the charge was fresh and the witnesses were
! at nAao- Ii lie wSs wrongfully accused. be was