The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-21


to cru~s-examinatio by the public pros
e-usoT. Who -hOslld b. permitted "a
place him on the Witns-- stand for that
parpo~s,
II These propositions are revolutionary
We cannot believe that thsre are many
membssS Of the honorable and useful
profession On which Mr. UNTERMYER
belongs who will agree with him in char
acterizing the Constitution oi the United
states a. "a fetch which all lawyers
are expected TO worship The people.
at all events. view it in quite another
aspect and generally believe that a
substantial adherence TO the principles
which it embodies u essential To the
continuance of FREQ government in this
country
Mr.. UNTERMTER kn0ws perfectly well
that the Constitution would not have
been adopted without q distinct under
standing that the original amendments.
including the very provisions which he
now attacks. should be made a part Of
the instrument. Their abrORa alton will
be a. difficult ~ IA would have been TO
bring about the adoption Of the COu-ti-
tuition without their insertion.
Putting aside his suggestions Of
constitutional repeal ~ practically i'm
possible, not TO say prepOsGerous. We may
refer To some more feasible proposals
made in Mr. UNTERMYkR's address.
The speaker declared his belief in
the assertion. the source of which he
did not name, that the crime of perjury
h committed in at least three out of
every five cases tried In the courts
in which an I-Sue OF fact IN involved
This il worse than we had supposed.
and does not accord with the expressed
opinions OF many experienced Judges
a. to the prevalence of perjury How
ever. IL seems extremely probable that
much wilful false swearing goes I'm
punished, and any reasonable plan
ought to be welcomed which would
be likely 90 operate ~ a deterrent to
perjurers. Mr.. UNTERMYER's plan n.
in every jury trial. ito require the jury
in addition To its general verdict To
answer the question a. to whether
any party OF witness has been guilty
Of wilful false swearing. and IL 90 To
name the party or parties or witnesses
80 guilty. Where the trial takes place
before the court without q jury, the
court should be required to answer
such a QUESTION The Names Of those
thus stigmatized would be sent TO the
public prosecutor. whose duty it would
then be- To lay their cases before the
Grand Jury.
II there are no constitutional DIM
culties IN the way Of such a scheme,
and We do not say there are any, We
are inclined To think IL would prove
extremely effective in lesSening and pre-
venting perjury.
By far the most commendable por-
ton 81 Mr.. INTERVIEWS address re-
lated 20 the restriction 81 Newspaper
comments on pending Judicial proceed
Ings II II undeniable that such COM
ments are frequently most prejudicial
To the fair administration ofthe criminal
law. Mr.. UNTKRMYER would remedy
thus evil by three prohibitions: % For
bidding newspapers 20 publish any
account II a case in court except a
verbatim report OF the proceedings;
p forb,ddinG any newspaper com
ment upon the evidence IN case until
after final Judgment. and = forbid
ding any prosecuting officer from ex-
pressing or suggesting for publication
an opinion ~ To the guilt or innocence
at an accused person. OF from publish
tVtfr .axs,IaVg.. -.
control. We think that report Of
the substance Of the proceedings upon
a trial Is all that can be repuirei. a
verbatim report would he exacting too
much m all cases. 80 ii-o m regard to
newspaper comment on the evidence.
this should he allowed after the verdict
and not he perfOrce forbidden until
after sentence has been pronounced
otherwise Mr. JNTFRMYFR's ideas are
prai-eworthy. e-peciaIly that part Of
his scheme which - designed 10 prevent
the District Attorney from trying his
case in tho public prints before he tres
Il in court
On" other suggest ion deserves notice.
II Is the appointment ~ public officer
toprote"t the rights 81 poor and ignorant
persons accused II crime. The State
has its public prosecutor. says Mr.. !
UNTERMYER. why not il public de- |
fender. to care for those who are unable
To defend themselves" At first blush
IL seems absurd for the community
20 employ one officer To punish an al I
legged offender against the laws and
another officer To proven, him from !
being punished: but the case seems /
different when we remember that the |
people are or should he solici,ous to |
punish only those who are unquestion-
ably guilty. II District Attorneys were |
always a. careful a. they should he.
unjust convictions would never he I
sought and friendless defendants might
he sure Of adequate protection: but /
when We consider the criminal court I
methods which actually prevail in our
large cities We are by no means sure
that the designation Of a competent I
lawyer tn be paid by the county 10
represent accused persons too DOOr In 4