Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-10-02
.LOOPH0LES IN LAW
TechnicaIities Defeat Justice,
Says Attorney General.
LAUDS ENGLISH METHODS
Multiplicity Of Appeals Allows
Criminals to Escape.
HE HOPES FOR IMPROVEMENT
Rector Shahan Of Catholic Univer-
sity Also Addresses American In
stitute of Criminal Law.
LAUDS ENGLISH METHODS
HE HOPES FOR IMPROVEMENT

Attorney General Wickersham voiced a
scathing arrangement of American juris-
prudence I'm connection with criminal pro-
cedure i'm an address before the Amefi-
can Institute of Criminal Law and Crimi-
nology at a banquet at the New Willard
Hotel last night. saying bluntly that he
believed an abnormal regard for techni-
calities of the law was responsible for
the escape from justice of numerous
criminals.
Praise for English Procedure.
After comparing English with American
procedure in criminal cases and referring
to the control that English jurists assume
over criminal trials to prevent a miscar-
riage of justice through long-drawn-out
proceedings MIR. Wickersham said:
"Such direction is shocking to the Amer
lean mind, but it Is equally shocking Tor
US to see a man whom every one KNOWS
is an Internal scoundrel hoodwinklnS
Justice and finally obtaining acqu1ttal
after four or five trials, when every one
knows he shot down the man In cold
blood Multiplicity of appeals made pos
sible by American criminal procedure Is
undoubtedly responsible for much mis-
carriage Of Justice and for the escape OF
many criminals"
The Attorney General told the diners
that President Taft was vitality interested
in obtaining corrective legislation along
these lines.
Methods Need Improving.
"The procedure in criminal cases is the
same as in civil cases in that it is In need
of some Improvement in the procedure, :"
said Mr. wickersham. There is, no
doubt that the basic principle Of Ameri-
can jurisprudence-that the defendant is
innocent until proven guihy-affords GRIM
inals ample opportunity to escape justice"
Mr.. Wickersham said. In effect, that In
many cases the conviction or the ac-
quittal of the defendant was dependent
upon the ability Of the defendant to al
ford able enough lawyers to take advan-
tage of all the technicalities of the law.
''The first thing that strikes one In
watching criminal procedure In England,
he said, SIS the control the English
Judge assumes over the conduct Of the
case from start to finish. Any judge in
the United States who should attempt to
exercise the same control over the pro-
cedure would no doubt be subject to i'm
parchment before very long.
The judges in England are enabled to
exercise this control because of the pe-
sition of power and respect they COM
mand in the community. in the first
place, and secondly. because they are
masters Of English law and procedure.
This last qualification, I regret to say,
does not always apply to the American
criminal judge.
IF an able lawyer gets on the bench
by mistake we congratulate ourselves on
our good fortune and hope we will be
continued there. In the case Of an Eng
lish judge the whole position of domina-
ton Is animated purely by a desire for
Justice as he considers it to be.
Would Accelerate Justice.
Mr.. Wickersham declared emphatfcally
for legislation looking to the acceleration
of justice in criminal proceedings. He
said he knew of no subject in which
President Taft Is more vitality interested
than in this one reform.
Mr.. Taft" he said, after his long ex-
perience on the bench. has been shown
that the republic rays exhorbitant bills
the law shall not be violated. 1t is most
desirable that out Of the deliberations
of such bodies as the American Institute
of Criminal Law and Criminolegy, recon-
mendations for the improvement of crimi-
nal procedure which would result in
remedial legislation SHOULD develop.
OF course. concluded the Attorney
General. I'VE cannot afford to initiate
England in its criminal procedure at once.
but through the gathering of such bodies
DIS tdcSc TSlOIHlS ICSuIt Slo"IS Lie CHI.
oluments OF Office for federal judges are
not sufficiently alluring to able lawyers
to bring about long tenures of Office But
something can be done to bring about
greater speed in American criminal law
procedure.
DR.. Shahan Speaks.
The dinner was presided over by Judge
William II. De Lacy of the District Of
Columbia Juvenile Court Following the
address of the Attorney General. Judge
De Lacy introduced the RI Rev r. j.
Shahan, rector of the Catholic University
DIR. Shahan spoke of the work of the
Catholic Church in sOftening criminal
law and procedure and elevating it from
a vindictive to a corrective and medicinal
plane.
1.-The church takes a great interest in
the work you are engaged in." said
Mgr. ShShan. ct is only through gath
ering together of the biggest, largest
hearted and best men in your profession
that proper changes and reforms can be
worked in the criminal code"
Mgr. Shahan sketched the history
of criminal legislation and procedure for
the last 1000 years. telling of the soft
ening effect the code Of the holy
Roman empire worked in barbaric
Kingdoms and peoples. even after the
loss by the church of its temporal pos
sessions.
Albert II. Hall of Minneapolis, Mimi,
spoke briefly on behalf of the inter-
national and American prison con-
crosses. Justice Charles A. DeCourcy
of the superior court of Massachusetts
in short talk warned against allowing
education work to lead to faddism rather
than to practical effort.
Don't undermine the institutions you
are now depending on before you have
established other foundations on which
to work. In brief. keep your feet on
the ground Said Justice DeCourcy.
American Institute Election.
The following officers were elected by
the American Institute of Criminal Law
and Criminology at the afternoon ses-
sion in the New Masonic Temple: Presi-
dent, Nathan William MacChesney. Chi
cago; secretary: Harry E. Smoot, Chi
cago; treasurer, Bronson Winthrop, New
York.
That the American criminal courts are
far behind those of England is set forth
in a report of Judge John D. Lawson,
dean of the law school of the University
of Missouri. and Edwin r. Keedy, pro-
fessor Of law at the Northwestern Uni
veYsity, read before the second annual
conference of the American Institute of
criminal law and criminology at the open
ing session yesterday at Masonic Temple.
Judge Lawson and Prof. keedy spent
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