New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-16
BLAMED FOR FULL JAIL
Court Procedure at Fault for
Crowded Tombs, Judge Holds.
MUCH TIME is WASTED
Only Relief, Says Swami, Is Law
Simplifying Criminal Code
and Rules of Evidence.

Judge Edward Swami, who returheh
from his vacation yesterday to take Judge
Fosters place in General Sessions, sald
that the real cause of the congestion IN
the Tombs was the Anticipated legal pro-
cedure I'm vogue In the state. During the
coming year Judge Swami intends to push
amendments to the Code OF Crlmlhd!
Procedure which he believes, will so
simplify criminal trials without WORKING
Injustice to the defendants. that New
York Justice" will be as famous as
New Jersey justice"
A case before Judge Swami yesterday
exempified one method of wasting time IN
a criminal case. George Newton CLARKE
negro. was charged with bigamy his
counsel. NJ +. Duffy, would not cohceue
the validity Of Clarke's first marriage put
held Charles +. Bostwick. Assistant DIS
trict Attorney. 20 his proofs. In cohse-
ouence Mr. Bostwlck called as witnesses
all those who had signed the application
for a marriage license, officials OF tHe
IJcense Bureau and handwriting experts
When the proof was I'm Mr.. Duify. sun
holding 10 his rights under the law. an
nounced that the defence had never ques-
toned the validity OF the hrSt marriage
He asked the court 10 instruct the jury
that the defendant was merely exercising
his privilege I'm holding the prosecution 10
its proof and that the production OF tha'
proof was not 20 bee taken as reiutaton
of any claim Of the defence. Judge swami
did so. The case was not finished wheh
Judge Swami adjourned at O'CLOCK
Clarke has been I'm the Tombs since last
May.
Judge Swami while explaining that ne
EXPRESSED no opinion as TO the merits OF
the case before him. did point out that II
was typical Of the delays entailed by the
present law.
THE defendant" he said, cannot be
called upon 10 disclose his defence con
sequently il is impossible to confne the
questions of counsel within the limits Oh
any clearly defined issue. and the judge
has 10 allow any question which u rele-
want 10 any possible defence WITHIN the
whole range Of possible defences. ms
consumes unnecessary time. clouds the
real issue and burdens the minds or inc
Jurors with matters which have no con-
nectiou with what finally turns out 10 pe
the real issue II also initiates the record
on appeal. go that the Judges on appea'
have TO wade through a wilderness o.
useless testimony 10 ct at the real ia''S'
I'm this case to-day the matter OF the
two marriages had TO be proved by hanu-
writing experts. the defendant not al
hitting or denying his signature ana
then. when the whole day had been CON
sumed In a matter which need not nave
taken more than five minutes. the deiend.
ants counsel rose and bandly remarked
that there was never any denial OF the
FIRST marriage.
What injustice would there be IN re-
ouiring a defendant to state specihcal'y
what his defence may be, so that the
issues may be clear cut and confined 70
the real defence?
THE court calendars must be CROWDED
and the city prison crowded so long as
this illogical method Is continued and al
~ the Judges and all Of the District Al
tornev's force. working day and night
could not clear them. Relief can be Cd
tanned only through the Legislature IN
the enactment OF laws simplifying crlml-
nal procedure and the rules OF evidence.