New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-06

c,x NJ the ffty-three appeals pending
IA been argued on January l and four
:, ,ha.e were affirmed on January g.,
...-sfore the number of cases pending on
January 1 in which the appeal bureau
had not finished Its work was really
,ortv.seven, instead OF flfty-three. With
NJ TAYLOR in the appeal bureau are
pohs-t 6 Johnstone and Stanley l..
Richter
The best record hitherto made by the
.,,sal bureau was IN 1909, when ninety
.nrsals were taken and eighty-four dis
,osAd Of. During 1912 not only did the
number OF appeals disposed of more than
balance the number of new appeals taken,
bpt The number Of new appeals was ex-
traor6inary.
The record OF cases in the Court OF
lppeals is no less unusual than that In
me Appellate Division. out OF fifteen
,,nssls there was only one reversal The
figures follow:
Murder Cfrst degree):
Anrmanees ................'.'.s' '''''''''
Rsversals NEUTRALITY-SUSPICIOUS.
Other than murder:
Arrmsnces observation-disclosures -''''' n n
gsyersais .............'...''..''
Among those whose conviction OF MUIR
der in the first degree was affirmed was
John Cain. negro. who attacked several
: people with knife at the elevated rail-
road station at Columbus avenue and
lclth street. Gains sentence was com
muted 70 life Imprisonment by Governor
Dix
Maurice Lustie, accused OF poisoning
his wife, was the only man whose con-
yiction was reversed by the Court OF APP
peals. The court stated that while. II the
testimony given by the peoples witnesses
vas believed by the jury, the verdict was
not against the weight OF evidence, GER
tain questions which were ruled out by
Judge Foster should have been allowed.
Justig is now free on his own recogni-
zsnce the District Attorney having found
Il impossible 10 produce some OF the Wit
nesses who testified at the first trial and
whose testimony IL essential.
Mr.. Taylor's figures apply only 10 Judg-
ments Of conviction. A large number Of
appeals taken from orders have not been
iabuated as yet. Decisions on such APP
pals are difficult TO arrange. as In many
eases the appeal is taken by the District
Attorney. and a mere list OF affirmances
and reversals gives no idea Of their actual
disposition, so far as the District At
iorneys Office is concerned.
OF ia new appeals taken in 1872, sixty
seven were disposed of. and there are five
more IN which the District Attorneys
work is now finished.
The new law governing appeals does
away with the necessity Of making up
the case on appeal and saves the District
Attorney the trouble of making amend
ments The entire record goes 10 the
Appellate Division. In the case OF Will
lam ]. Cummins principal owner Of the
Carnegie Trust Company, who was con-
Ncted OF grand larceny, a record com
pising FIVE thousand pages was sent TO
the Appellate Division. Even with the
necessity Of reducing the case TO narra-
i've form removed, II took John X. Clark,
the Assistant District Attorney who had
charge OF tho case, four weeks TO make
sure that the record was correct. 1t took
about year before the Cumulins cOnvic-
ton was affirmed. Under the old pro-
eedure IL would probably have taken three
fears.
The new procedure does not apply 10
cases IN the Court Of Appeals. Murder
cases go direct 10 the Court OF Appeals.
u viii probably take months TO prepare