New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-23
MAYOR PLACES BLAME
ON THE APPEAL COURTS
Says Trial Judges Often Have to
Shape Rulings to Head Off
ReversaIs.
TOO MANY TECHNlCALlTlES'
Absurd Things Done" but He
Cant Believe Acquittals Were
Ordered Because of I'm
proper Remarks.

Mayor Gsynor yesterday put the blame
for the exhibition Of what appears TO be
too great lenienCy by the General Ses-
sjons Court toward defendants upon the
appeal courts.
In a dictated interview the Mayor.
when asked in a general way about his
impressions Of the present disclosures OF
the practice Of suspendins sentences ana
directing scquittals, said that the &C.
counts Of many of the cases cited, sized
up from lawyers point Of view. showed
that the Judge had acted in the only
way he could act and hope 10 he sus-
tanned by the higher courts. The Mayor
had nothing but commendation Tor the
wa in which Police commissioner
Waldo and Mr.. FosdiCk. commissioner nj
Accounts, have approached the problem,
and he took occasion to mention Judge
O'Sullvan and Judge Grain as two tur-
,sts whom he knew we'll and in whom he
had the utmost confidence.
Tic Mayor said that he put the blame
fcr +hc present condition chiefly upon
the 2rre8I courts. which, he said are
too technical altogether
On the point If the directions to acquit
issued hv Judges because Of alleged i'm
rrorer or unfair remarks by witness
or by tho prosecutor. Mayor Gaynor said
thar he could never believe that any
Judge could So direct acquittal upon
such grounds until he received absolute
prof # the assertion. A criminal could
PM witness mp To do some such
thing and thereby gain an acquittal, he
declared.
r know that some absurd things are
done in courts" said the Mayor. but I
never heard Of anything so absurd as
that before"
judges Least Efficient"
The Mavor repeated the assertion he
had made previously from the platform,
that he believed the judicial department
was the least efficient department Of the
government.
Their technicalitics and their delays
and their holidays and Sinking work
would not he tolerated in any other de-
partment he added.
As to the point that the Mayor refused
TO believe that any judge would direct
an acquittal because of a remark by
witness or prosecutor until he had proof
il was learned that Commissioner Eos
dick had not, as yet, made a report to
the Mayor on his work in collaboration
with Commissioner Waldo on the investi-
cation of the work Of the General Ses-
sions Court.
We have the minutes Of four cases,
all Of which were tried before Judge
Mulqueen." said Commissioner Fosdicl
Yesterday, where on the records the
judge directed an acquttal because OF
alleged improper remarks Of either !
witness or an Assistant District Attor
ney, and the examination Of the records
will be continued
1t is said that when Commissioner
Fosdick makes his next report to the
Mayor the chief executive will find in it
the proof of this charge against the
judges. which he sak1 he COUS not be-
lieve without proof.
Mayor Gaynors statement in full fol-
lows:
Since you ask, it will he no harm for me
10 say 4 word the subject You may
blow upon the reputation Of a judge almost
se easily IS upon that Of a woman. Hence
YOU should he careful what YOU say about
Inc Judges. \ Judge has to decide against
one side or the other and whichever side
Is beaten is more or less displeascd. And
very often lawyers are displeased and
some Of them vicious. especially lawyers
" certain kind which we have here in
the city.
Mr. Fo,dick has examined into some
things about the General Sessions judges.
have cautioned him to he very careful
about making any intimauons even against
& ndge. except on solid grounds Mr..
Waldo pursucs the same course. And l
was glad 20 see that District Attorney
Whitman spoke In favor OF some Of the
judges by name. You mentioned Judge
- sullivan | know him to be a scholar
and gentleman, and would be very slow TO
believe that nc did any reprehcnsihle Of
fetal act lie is a competent and inteln-
gent iudgn. and honest. 7 also know Judge
Grain. and can say The same Of him. There
are some in the courts whom J 30 not
kpCU