Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-03-13


The prosecutions against shefiels
and Rice In New York. charged with
using tho mails 20 defraud, which,
after dragging It's weary length |
through the courts for five month";
terminated abruptly By the Withdraw
al OF the pleas OF not guilty whi n
had been entered ana the subst'ta-
ton OF pleas Of guilty, has brought
forth varied comments from the
press The Kansas city Journal svts
In II illegal fiasco" Says the Jour
nal:
The comic opera authors have not
yet succeeded In deyislng quite so alb
sard situation as IL revealed ia the
trial Of the governments case against
b. II. shefteis & Co. in the federal
court In New York on a charge OF
using the mails 10 defraud. After a
trial lasting five months. prosecuted
at great cost 70 the government and
much injury 20 the business carried
on by members Of the jury. the de-
Pendants have WITHDRAWN their pleas
Of not guilty and have pleaded guilty.
One OF them was sentenced 20 a years
imprisonment.
such a fiasco is sufficient to dis
count any decision by Judge that
aroused the contempt Of the public
or grossly violated the rights OF the
people. I, ~ based upon no auto
crate railing OF the court. and n any
body ought TO be recalled" IN the
premises. Il Is the defendants who
nave worked such a paipable outrage
upon the people. ftom the government
down TO the jurors who have beeh
kept on the case five months. The
case is only another proof OF the
claim that Il - not the arbitrary and
unjust decisions ~ courts that bring
the judicial system into disrepute. but
the wholly indsfenslble procedure that
could keep such q case on trial for
nearly half year and be brought %
an end at that time by a plea Of
guilty. with a sentence that IS no
heavier than Is often passed upon
petty thief.
Judge Kavanaegh OF Chicago de-
clared IN a recent address that tho
court decisions OF today viii be the
Jokes OF the people who live a hum
dred years from now. IL would be
nearer the truth to say that the re-
suits OF large proportion Of the
court trials Of today will be objects
OF derision 20 the people living a
quarter o. a century hence; but to
those results the ltigantA the attor-
neys and The iurles Jointly contribute.
with the courts unquestionably adding
their mite in the shape of rulings
that fail 20 cut tho red tape OF slav-
lsh adherence 10 archaic forms and
lprocedents, Lots Of jurors ought 90
be recalled" for Il must be con-
lceded that an overwhelming majority
OF the cases appealed are Jointly de-
cldsd by the court and jury. II the
courts Instructions are so overshad-
owing that the iury's verdict Is negli-
gible. the jary system would better be
wholly abolished. II VIII be con-
ceded also that most OF the criticism
aimed az the bench Is based upon the
decisions OF appellate courts. where
tochnicalitios play SO important a
part and where tho judges have to
paa upon evidence az best only Inn
Eerfecuy presented Ia voluminous
transcripts Where one instance OF
gross Injustice can be ascribed 20 am
arbitrary and oppressive court deei-
sion. a thousand may safely be at
trlbuted 20 outrageous weaknesses IN
legal practice, for which the attorneys
are chiefly 20 blame.
II the whole LEGAL slate could be
wiped clean and a new start made
win attorneys absolutely prohibited
from suppresalHg material facts
whether favorable 90 their side o.
not. with attornoys prohibited from
delaying unnecessarily the progress Of
the case, with about 30 per cent Of
the cases left 10 the decision Of com-
petent judges on their merits. instead
o. 10 jurlea. many Of the most vexina