New-York tribune., 1913-07-15
LAW GIVES P|CKPOCKETS
GRIP ON CITY, SAYS JUDGE
Swami Tells Jury Rules of Evil
denCe Operate to Advan-
tage of the Trust"
VERDICT UNPRECEDENTED
Without knowledge of His
Seven Previous Convictions,
Twelve Men Ask Extreme
Mercy" for Young Thief.

Judge Swami told a jury in General
Sessions yesterday that the antiquated
rules Of evidence I'm vogue constituted one
reason why New York was in the grip Of
the "pickpocket trust" The jury, after
an hours debate. returned the following
verdict I'm the case Of David Goldberg.
charged with grand larceny az pick
pocket:
Guilty. with recommendation to the
extreme mercy Of the court II not before
convicted"
The verdict is said to be without
precedent and Michael d. Gallagher
clerk Of the court, was at loss as 10
how it should be entered.
Enter it as given" Judge Swami inter
posed. Turning to the jury he said:
Your verdict does you credit gentlemen.
although il reflects no credit upon our
rules Of evidence. II is largely owing to
these antiquatcd rules. believe. that our
city is i'm the grip OF the 'pickpocket
trust This defendant, ! can now inform
YOU. has been seven times convicted, once
before me"
How was it We didn't know that
asked one Of the jurors. 1t would have
saved us an hour Of pickering"
Il take 1t as a compliment. gentlemen. -
said Judge Swami, that you did not sus-
pcct the fact Under our rules the judge
is supposed TO have no opinion. and to
know nothing about the case. rs for the
reason for your being kept I'm ignorance
it's the law share your opinion that
it's silly. but it's the law. An eminent
English jurist has said that the purpose
Of the law IS to keep the facts from the
jury Tho present instance proves hts
sagacity.
The trust got a message from the
prisoner as soon as he vas arrested. lie
was soon provided with able counsel
Two women called on the complaining
witness They told him the defendant
was the sole support Of his aged mother
and that his wife was sick IN hos
pital am informed the defendants
mother is not in this country, and that he
is not married.
"AU Of this. like tho fact OF his pre-
vious convictions. was kept from you
gentlemen by the rules of evidence. The
defendant appeared before you as a youns
man ~ irreproaChable character lie
avaiod himself of the privilege given
him under our law. and did not take the
stand Consequently. there was no way
Of getting his true character before YOU.
Less intelligent men might well have been
misled by mis- counseIs argument that
the whole thing was a police framc-up'
on the part Of detectives anxious Tor pro-
motion
That's tho only explanation ] can give
You gentlemen. is the law, II may be
silly but it's the law
Goldberg was accused Of stealing the
wallet OF William Tymcson. of No. 9S
last 10th street in "a moving picture
house az 80. 1855 Third avenue. The
theft took place on May 10. Tymcson
was with his wife. While the reels were
being changed the management an
nouuced that u could not be responsible
for losses through pickpockets. Mrs.
Tymcson nudgsd her husband and told
him 20 be careful Of the rent money
Accordingly. Tymcson removed his wal
let from his inside coat pocket and trans
fcrred II 10 his hip pocket Thence, II Is
an, gcI. # vas taken boy Goldberg. who
had seen tho transfer. Several persons
I'm tho audience saw Tymcson snatch az
Goldberg. and cry was raised which
resulted IN his srrcst