New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-11-08
WILL TRY TO SIMPLIFY
MURDER INDICTMENTS
Lawyers to Meet To-day in e.
fort to Have the Archaic
Form Changed.
WHITMAN WANTS ACTION
Movement Fostered by Colum
bias Legislative Drafting Re-
search Fund-New Law
MAY Not Be Needed.

A movement to simplify the form OF
legal proceedings, which has been under
way for more than a year and is father-
cd by the Legislative Drafting Research
Fund of Columbia University, Will crys-
taIlize this morning at a meeting 10 be
held ut 10 o'clock I'm the Bar Association
rooms Some Of the most prominent
lawyers in the city have been invited 10
attend. II is believed that the line ne
tween the progressive and conservative
clements will be sharply drawn.
District Attorney Whitman is ready 10
fall I'm line with the progressive element.
and Charles f. Bostwick and Robert >
tombstone, Of his staff will be on hand
10 argue in favor Of the proposed
changes.
For more than year Professor Will
lam e. Mikel Of the law faculty OF the
University of Pennsylvania, and Profess
sor Edward r. Keedy. of the law faculty
OF Northwestern University, have been
making an investigation into forms OF
pleadings with tine purpose of finding out
how the law can be simplified. They Will
present their suggestions to-day
The indictments drawn to-day in this
state follow the archaic common law
form which generally was in vogue be-
fore 1s49. In 1S4S a commission was APP
pointed by the Legislature to frame
form OF procedure which would do away
with unnecessary technicall;ies and alb
surdities. A report was submitted to the
Legislature the following year by David
Dudley Field and David Graham, mem
bers of the commission. The report was
not acted upon by the Legislature until
1881, when its suggestions were embodied
in the present Code of Criminal Proceed
ure.
Even after this action by the Begis-
lature, lawyers and courts stl chung
tenaciousy to the old forms. Those be-
hind the present movement wished to be
in a position t. offer the strongest pos
sible arguments. and for that reason
undertook an exhaustive investigation
It may not be necessary to invoke fur
Their legislative action, and whether it is
or not IL is the intention of those inter
ested to urge the adoption Of the simpli-
fled forms i'm his state
A draft of ;nurder indictment in the
new form will occupy only four or five
lines The form now used takes m ore
than a full sheet of foolscap and is full
of terms which seem absurd to the lay
man. The whole indictment contains
only two sentences The first sentence
is as follows:
The Grand Jury of the County Of New
York, by this indictment. accuse John
Defendant late of the Borough Of Ping
Pong Of the City of New York, in the
County of New York aforesaid on the
eighth day of November. I'm the year Of
our Lord, one thousand nine hundred and
thirteen, at the Borough and County
aforesaid, with force and arms in and
Upon one Peter Decedent' i'm the peace
of the said people, then and there being
wilfully. feloniously and OF his malice
aforethouSht did make an assault. and =
certain pistol, then and there charged and
loaded with gunpowdcr and one leaden
bullet which said pistol. ne, the said
John Defendant in his right hand then
and there held. to. at, against and upon
the said Pete Dccedent' then and there
wilfully, feloniously and of his malice
aforethought did shoot off and discharge:
and the said Jonn Defendant with the
leaden bullet aforesaid, out of the pistol
aforesaid, then and here, by force Of
the gunpowder aforesaid, shot off. sent
forth and discharged as aforesaid. him.
the said Peter Dece1ent in and upon
the body Of him. the said Peter De-
cedent then and there. wifully. fcloni-
ously and OF his malice aforethought did
strike penetrate ere wound, giving unto
him, the said Peter Decedent,' then and
there with the leaden bullet aforesaid. so
as aforesaid discharged. sent forth and
shot out Of the pistol aforesaid, by the
said John Defendant in and upon the
body of him. the said Peter Decedent.
one mortal wound Of the breadth of one
inch and OF the depth of six inches, Of
which said mortal wound. he, the said
Peter Decedent,' fro n the said eighth
day Of November, in the year aforesaid.
at the Borough and County aforesaid.
until the ninth lay of November, in the
same year aforesaid at TIE Borough and
County aforesaid, did languish and lam
gushing did live, and on which last mem
toned day he, the said Peter Decedent
at the Borough and County aforesaid. of
The said mortal wound, did die"