Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-04-29
SHOULD BE RENTEDuED.

Samuel Untermyer. few days ago.
delivered a lecture before the Amer
lean academy Of Political and Social
Science at Philadelphia. on the Evils
and Remedies IN the Administration
Of the Criminal Law Among other
startling statements made IN that lee
ture was this that wilful and false
swearing by witnesses Is so common
in this country that "the crime Of per-
jury is committed in at least three out
OF every Ave cases tried In the courts
in which an issue Of fact is involved.
Il has become 40 general" he said.
that the courts regard Il as almost
a part Of the Inevitable accompaniment
OF a trial"
This is an awful condition And IL
cannot he excused on the plea that Il
is a necessary evil. For perjury can be
punished and reduced to a minimum.
In neither England, Germany, nor
France is the crime as common as here.
In fact. IN Germany, IL il said, the
crime Of perjury is almost unheard OF.
The dread Of the law Of God and man
is upon the men and women who 90
upon the witness stand there, and they.
as a rule. try 20 tell the truth. There
Is no reason why the crime should not
be as uncommon here as II Is in any
European country.
Mr. Untermyer also pointed out an
other evil which seriously interferes
with the administration Of justice, Ho
referred to "the unbridled license Of
the press In commenting upon and Oft
en- trying cases in the public prints
This. he said, is a prolific source Of
the miscarriage OF justice and IL most
prejudicial to the rights OF defendants
charged with crime
The speaker maintained that this
newspaper publicity creates a sent-
ment in the community as to the guilt
| or innocence Of the accused. that
makes Il well nigh impossible 20 secure
an impartial jury. II affects not only
| the jury but tho court, as no man
cares TO go against the sentiment OF
| the community In which he lives I'M
| less he Is forced 10 do so by the strong
est considerations And further, the
| prosecutor il put to a severe test by
the sentiment thus created. He says:
"The abuses that have arisen under
| this head have become well-nigh in
/ tOlerable. Prosecuting officers, who are
ambitious for further honors. maintain
! elaborate Press Bureaus for the dis
! tribution OF news concerning their ON
] ccs. The reporters who want TO stand
| well with the prosecuting officers and
| get am the news that Is to be had fall
| into the habit OF taking tho prosecu-
| tors version. OF late years nothing
! is sacred. witness - called before
the grand jury and the testimony
| given there In important cases man
| ages 10 leak OUT day by day. The
| secrecy Of the grand jury room Is a
| thing % the past The law against
| disclosing occurrences there Is dead
| letter.
And this by the way, again shows
how lightly the people take the crime
Of perjury; for someone must he vio-
lating his oath when the secrets Of
the grand jury room are permitted "a
leak out Mr. Untermyer tells the
following 20 Illustrate his point
! IINft nfhbIF NtNNlt~N women are
about 10 be tried In one 81 the sister
/ states on a charge Of murder The
issue ~ the jury ls whether the de-
ceased was murdered or committed sui
| eide From tho day that case camC
into the office ~ the prosecutor and
for weeks thorch fter. so long "A public
interest could be aroused or sustained
whilst these poor women We're under
lock and key, the prosecutor was day
bv day issuing or inspiring statement.
IN the press IN tho community in which
they are 10 be tried, tending 20 show
or arguing that they were guilty and
rresentlnr such proofs and innuendoes
as he had az hand 20 support these ~
r1rtc argument An this was on the
eve NJ the assembling ~ a grand iury
/ 90 consider tho case THO grand fury
~ course promptly indicted these poor
women"
The remedy AGAINST this evil. Mr. Tn
termyer suggests, is the enactment OF
laws similar 20 those prevailing In
England where newspapers must not
publish anything relating 10 trials ex-
eept a verbatim report Of tho proceed
inEs in open court; the prohibition OF
newspapers from commenting on evil
dence In Judicial proceedings until aft