New-York tribune., 1913-11-09
COMMITTEE WILL TRY T0
TAKE LUNACY FROM LAW
Named at Bar Association ron
ference Called to Simplify
Murder Indictments.
WOULD STOP REvERSAls ;
Legal Procedure Has Taken .
Long Step from the Dark,
but More Light Is Need.
ed, They Agree.

The question whether a murderer cor,.
be tried fairly under an indictment cav
sisting Of only half a dozen words IL.
stead of two hundred or three hundrss
that read, according to critics. like IN.
| ''jargon Of lunatic," was considered hv
eminent criminal lawyers and Judges q,
the Bar Association yesterday. The con.
feronce vas called by the Legal Researcs
Bureau Of Columbia University to sim.
plify the phraseology OF indictments in
order TO aviod reversals and mistrials th,,
are constantly resulting from defects m
the accusations written by grand juries.
Professor William L. Mikel, of the law
faculty OF the University OF Pennsylva.
mia; Professor Edwin r. Keedy, OF North.
western University, and Professor Harlan
l.. Stone. of Columbia University, main.
| tained that progress along this line was
desirable and practicable. Howard A.
Cans. an Assistant District Attorney IN.
der William Travers Jerome, opposed the
change on the ground that the interests
of the accused would not be properly safe
guarded. Mr.. Cans thought that the
boiling down" of an indictment into
Simple declarative sentence" charging
the crime would make it altogether too
easy for district attorneys to induce grand
juries to indict.
Charles +. Bostwick and Robert 6.
Johnstone, representing District Attorney
Whitman, leaned to a middle course, a.
though they were inclined to slmplifca-
ton.
Mr.. Cans said he spoke as counsel for
defendants. He pointed out the dangers
Of eliminating the full particulars Of the
crime charged and argued in favor Of
giving the defendant the minutes OF the
grand jury. Thomas r. Parkinson, pres..
dent of the Legal Research Bureau, ex.
planned that details of the crime would 30
furnished TO the defendant upon applca'
ton in the form OF bill of particular''
This bill,S She pointed out, would not form
the basis of technicalities on which re-
yersals or mstrials could result.
The discussion, which began in the
forenoon, was continued until late In the
afternoon, with a recess for luncheon at
the City Club. The result was that
committee consisting Of Professor keedy
and Professor Mikell was formed to draft
a simplified form of drawing indictments.
In a. few weeks similar conferences VIII
be held in Philadelphia and Chicago.
Among the bodies represented at tie
conference were the City Bar Association,
the New York County Bar Association
and the committee of the City Club on
courts. Some OF those who attended were
Judge George l.. Ingraham, OF the Appel
late Division: Justice Victor ]. Dowling,
Charles C. Mott. Judge-elect OF the Court
OF General Sessions; Justice Eugene A.
Philbin Frank Moss, Assistant District
Attorney: Howard A. Cans and George
Gordon Battle.
The lawyers agreed that legal procedure
in New York, Pennsylvania and Massa;;
chusetts had taken long stride toward
emerging from the DARK but they he!a
that there was still need for more llgnt
Their plan in the case Of New York is 70
submit their conclusions on indictmenI
simplification TO the commission on crime
Cor legislative action.
The Legal Research Bureau is descrloed
under the dignified title of Legislative
Drafting Research Fund OF Columbia
University" II was established under an
ANONYMOUS endowment two years ago
John Bassett Moore, first Assistant Sec
retary of State, is chairman OF the ad-
illustrative board.