New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-24
ENGLISH CRIMINAL LAW
Risks Of Undue Influence of the
Bench.

Judgment of the law practice Of sor.,.-
countries. The Thaw murder trial "a -
followed with morbid curiosity bere vvba-.
some OF the principal journals are report
ing It in detail at heavy expense IN c.bl.
tolls. and lawyers profess to be highly sntsr.
tanned by the complex arrangements FOR oh
tanning juries IN America by the disorderIv snH
Illogical methods Of presenting evidence by e..
continuous wrangiing OF the opposing counsel
and by the helplessness Of the Justice O, ~.
bench. The conclusions drawn By these 1Ag.I
commentators not fattering to Anar,ca,
pride The methods OF criminal practice a..
condemned crude and unscientiAc and tta
courts In America as undignlfed trIblnals
incapable OF commanding respect FOR the mat.
esty of the law. These structures would bav.
more force II English lawyers were COMPELLED
less frequently to admit that their own proc-
esses OF criminal administration are dsfectfva
and involve scandalSus niscarriages OF iusti,s
Trial by newspapers Is impossible when the
courts adopt summary methods for suppressnE
comments until the case is submitted TO a Jury.
Appeal to the press Is often the only resources
for redressing the wrongs Of innocent men who
have been unjustly convicted and sentenced to
Imprisonment The Home Office has the exclu-
sive right Of reviewing a case and releasing a
prisoner who has been the victim Of arbitrary
or intolerant Judgment by Judge. prosecuting
Home once IS, however. VIGOROUSLY conserv-
alive and sluggish. and the championship OF q
popular journal Is almost Indispensable e the
liberation Of an innocent prisoner Is to BE-
effected.
The Daily Mails' success IN securing the re-
Iease OF Mr. Lewis illustrates IN a striking way
the defects OF the criminal procedure. he "a q
commercial traveller. who has been n Pentoa@
Vile Prison under sentence FOR crime COM
rested on a charge OF cashng a worthless check
for two pounds at Kuburn shop. and the prtn-
cipal witness against him domestic SER
want Mile Marsh. whom he had never
until she appeared against him At hia tial
he was prepared 70 prove an alibi By five witt
nesses who swore that he a. card party
from O'Clock until midnight the evening
when the crime was committed. The Judge. Sir
Ralph LIttler. declared there wac no defence,
warned counsel that be only making Ie
worse FOR the prisoner and passed sentence ot
three years penal servituds which was subse-
cuently reduced 20 fifteen months. The testi-
rDony Of Mile Marsh. which was suspiciously
altered from the police court TO the trial ses-
sious was subsequently discredited when shs
confessed that she had committed perjury fer
the sake OF protecting the real criminal This
confession was withdrawn and restated. and the
Home Secretary. after painstaking tnvestiga-
ton. has ordered the prisoners release Ths
case has been forced upon the attention Of ths
Home ONCE by an influential Journal. and Jus
tee has finally been done
Sir Ralph LlJtler is an experienced admins
traitor Of Justice. with a reputation FOR severity
In imposing sentences and exhausting the re-
sources OF the law. He is neither an incompe-
tent nor an unjust Judge. and IS entirely fres
from the reproach OF acting from improper mo-
tives in this case. He was convinced Of ths
prisoners guilt and considered II his duty 70
influence the jury against the defence Without
doubt he helped TO prejudice the jury against
the prisoner, but he was exercising the discre-
ton with which the English bench IS armed
The case is therefore apt Illustration
OF the vulnerable points of criminal procedure
here It is not intreQuenrIy trial by Judge
rather than by jury. Instead OF allowing tho
jurylneu to exercise independent Judgment tbs
Judge discloses his own bias by treatment Of
counsel and witnesses and virtually decides the
question OF guilt or innocence. This is one Of
tho characteristic differences between English
, and American courts. The Judges here ara mora
outspoken IN their comments. regulate trials
more arbitrarily and make less pretence OF BE-
ing colorIess and impartial in their charges OF
instructions to jurieS. They diminish the re-
sponsibilIties OF Juries when there arc CONFLICTS
OF evidence and witnesses are either 20 be BE-
Gus are they in the direction Of cases that juras
can be selected with less critical examination %
the material in the panel than is required N
America Trial by judge with the assistancs
OF a plainly instructed jury has manifest ad-
vantages. 1t also has serious risks The judge
Is faIlibIe and. from force Of habit. assumes
that whoever Is charged by the police with
criminal offence is more likely to be guilty than
innocent. The Judgment Of twelve men respect
ing the credibnity OF witness like Mile Marsh
Is safer than the opinion OF the judge. capable
and experienced as he may be observer
OF human nature.
English critics OF American law practice ara
constrained to admit that there are 50 many
miscarriages OF Justice in their own courts ana
such protracted delays In Hberating the victims
OF perjurers that facilities for criminal appeal
are urgently required. The vindication Of inno-
cent wrongly imprisoned for crimes when
have been falsely sworn against them ouSht
not to be left to enterprislnS newspapers athir5t
for popular features. for ingenious nOveNstS
like Sir Arthur Conan Doyle, with highly de-
veloped detective talents. II Is true that DIS
agreements In murder cases occur less fire.
quently N England than IN America: and TINS
may be due TO the moro direct intervention OK
the bench in instructing what IS known as ths
average jury selected from single panel II INC
course OF few hours. There are ample proofs
however. in the Lewis. Beck. Edalji snd othsF
recent cases that the judge-meds verdict -
sometimes cruelty unjust and that It's reversa4'
brought about with difficulty and delay. Ihs
old-fashioned idea that innocence Is to be pFS-
stunned until guilt is proved is lost sight OF wan
the bench interfercs too openly with the Wc-N
Of the jury " ,.