Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-23
The Long Delays of Justice.
ICollier's Meekly.l

pealed. The code of New York requires
that in death cases such appeals shall
be argued within six months unless
the court shall enlarge the time. Ten
months after the appeal, the prison.
e-s attorney having made no appear
ance. the district attorney asked the
court TO affirm the conviction by de-
fault as the code provides. The court
refused and gave the defendants law
yer forty days further leeway, ordering
at the same time that in the event
of further Eon-appearance, the court
should be furnished with a copy of the
judgement roll and the origina! steno-
grapher's minutes. and the court viii
take such steps as may then be nee.
essary to protect the interests OF the
defendant. and at the same time those
OF the public" (201 n. z, $3.50. This
was in February. 1911, and the forty
Gays expired on the 22d OF March. Ac-
tually the case was not argued until
Dec. t. nearly one year beyond
the extreme limit set by the code.
It still took two weeks to obtain
final decision from the court-a grand
total OF a year and five months from
the original conviction. There appears,
never to have been the slightest ques
tlon Of the guilt of the defendant: he
had apparently a perfectly fair trial; IN
all this time scarcely month went or
that some newspaper Or periodical did
not point to this case as one Of the
most revolving instances OF the laws
delay. And at the present writing.
year and nine months after the crime
was committed. thanks to the admins
eration OF the law by the highest court
of New York. this murderer still re-
mains unwhipped OF Justice.
In England, whence our laws and
our court systems have come. it is only
four years since any kind Of an appeal!
from conviction in murder case was
allowed, ard under the rev law. in the
rare cases where an appeal is taken,
the arguments are heard usually with
in a fortnight from the time of con-
viction and the judgment is either rem
dered Immediately upon the conclusion
of the argument or within day or two
thereafter And this appeal is in effec
a rehearirg OF the entire case. and the
tuta,sr1ent IS final. There can be no
retired or any further proceedings svve
an appeal to the pardoning powers.
This is England's notice to GRIM
inals. And this is the notice which
might fittingly be hung on the walls o.
the Nei- York Court Of Appeals
Notice.
"The attorneys for murderers and
other criminals wishing to obtain un-
limited delay, in case of the urfortun-
ate and accidental conviction OF their
clients, may obtain the same by paying
no attention whatever either to the law
or to the order Of the New York Court
Of Appeals"
On one point I find that the ablest
lawyers and the progressive judges
who have set their faces toward the
light are practically agreed. That is
the personal guilt OF the judges, and
the efficiency of direct. detailed criti-
cism Of their individual acts.
Whatever excuses they may urge
however bound they may seem to find
themselves by antiquated codes and
rules Of procedure. the fact remains
that the Judges are not simply Legal
automatons but the executive admins
traitors Of Justice. 1t is true ahat they
cannot take the law into their own
| hands legally (tho they do it enough
traitors Of justice. It is true that they
conduct Of cases they can sternly sci
themselves against all that makes FOL
delay, against all that IL trivial and
trumpery and dishonest, however
ancient in custom and practice 1t moy
| be.
These reforms are bound to come