New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-02
DEFENDANT TOO SECURE
James B. Reynolds Would Make
Him Testify.
CALLS SYSTEM ANTlQUATE0
Head of Complaint Department
Thinks Prosecutors Rights
Are Neglected.

Arguing that this country's system OF
legal procedure was crystallized at time
when 1t was necessary for the legislatures
TO defend the rights of the people from
the attacks OF despotic governments,
James B. Reynolds. head of the complaint
department of the District Attorney 5
Office, told the Peoples Forum at the
Manhattan Congregational Church last
night that there was great need or
strengthening the hands of prosecuting
attorneys in the country. Though he
mentioned the Becker case only to say
that he would not discuss il. he called al
tention to one of its leading points BY
insisting that the defendant in a criminal
action should be required TO go on the
stand, and that IL he refused TO testify
his refusal should be considered in weigh
ing the testimony against him.
I'm nine cases out of ten" said Mr..
Reynolds, the complainant is the weak
party and the defendant the strong party.
But the defendant, by virtue OF law
dating back before the French Revolu-
ton. is entitled TO be silent. What is the
object OF a criminal trial? II hardly
seems necessary 10 say that its object Is
10 find out the truth. That ought to be a
simple enough aim; yet doesn't IL seem
astounding 10 you, as laymen In the law,
that the defendant Is entitled to be silent.
that the District Attorney may not draw
attention TO this silence, and that the
judge must instruct the jury, at the re-
quest Of the defendants lawyer. that 1t is
not 10 hold this silence against him in
considering the case?
Mr. Dooley said in one Of his recent
articles that in America a man is pre-
sumed TO be guilty until he is proven
guilty, and after that he is innocent.
That isn't far from being the case. The
defendants lawyer may take an appeal
TO the Appellate Division and after that
to the Court OF Appeals. basing his action
on any one OF the hundreds OF exceptions
which he may have taken to the ruling
of the judge presiding at the trial, and
the community which went to sleep In
security on the night Of the conviction Of
a notorious criminal may not even know
that he is out on the sidewalk again, en-
gagged in the same crimes for which he
was convicted.
The defendant can appeal 10 what IL
somewhat disrespectfully known as The
Court OF Last Guess in this state. but
no matter how grossly he believes the
jury may have erred In discharglng de-
PENDANT. the District Attorney. thanks to
the high sounding doctrine that man
may not be put in jeopardy twice for the
same crime has no redress when the
case goes against him. l hope that We
shall hear an insstent demand that the
machinery OF the law be brought up 10
date. i'm order that when the weaker man
comes TO the office of the peoples attor-
ney for protection against one who has
done him a wrong. We may give him the
help he deserves
Mr.. Reynolds argued for an enlightened
public sentiment with regard 10 the pros
ecution of crime. pointing out that
through the grand jury and petty jury
system the general moral standards as
10 right and wrong determined whether
the moral standard OF the community
was to be upheld.