The Washington herald., 1914-06-18
The OPEIt FORUM
Protection Of the Public AsaindI
Fa]se L;bel Suits.

To the Editor: Ny sttention h caIle6
to an article by Mr.. Archibald Hopkins
which was nrst pubiislied In the Journai
OF Criminal Law and Criminology and
again In one Of our local papers, en-
titled Public Defenders In Criminal
Cases." a
The article Is most interesting. In my
opinion. however. Mr.. Hopkins does NOT
go far enough in his suggested means
for protection Of the public against falss
accusations, as present laws for such
ment.
suggest that fewer libel suits. and
especially those OF blacknaH, would take
place, II. in cases proved to be ground
less. the false accuser were Liable to Inn
prisonment. A simple fine could not dis
courage false libel. as II may be taken
for granted that the false accuser has
nothing TO lose In the way Of money
Ar. Hopkins says: Society Is interested
IN apprehending. convictins and punish
ing the criminal - Is IT not equally
interested In and responsible for the pro-
lection of the innocent? What greater
wrong or injustice can be imagined than
the arrest Indictment and trial Of q
perfectly innocent person. It constantly
happens The whole power and ma
chinery Of the State Is turned against
a single individual who is often without
means to defend himself or has to sacri-
fice all he possesses to do 20.
why should not the State have sworn
officers of high character to defend as
well as to prosecute? The accused would
be sure Of a fair trial from which the
subornation OF perjury would be re-
moved. and which would be, conducted
without the legal pyrotechnics and sensa-
Iona lfux,, foA 49,
able personalities of counsel. unreason-
able delay In obtaining juries. misleading
statements to the jury. and chieane and
trickery would all disappear. The scales
would be held evenly. 1t would bring
another great benefit II would put the
criminal bar out of business. Doubtless
1t comprises some honorable, upright
men. but it has. as a whole, always been
a reproach to the profession and an ally
to crime. shielding criminals by perjury
and fraud and necessarily living on the
proceeds of their wrongdoing."
In the case of blackmailers ] would
say that under the present system they
have, as a stock in business. everything
in their favor:
First: All worthy men have respect for
all .,,pposed to be worthy working wom-
en-. and If In insidious ways they force
themselves upon their Consideration and
sympathy. few are disfnclined to extend
a helping hand.
Second: II. in the case Of a woman.
she Is found to be a fraud. a man natu-
rally seeks TO avoid participation in any
Threatened scandal. However innocent OF
wrong, IL he be a business man. or a
family man. or a politician, threat OF
scandal Is enough to paralyze his busi-
ness future or his home happiness or his
chances for reelection
Third: Legal services cost her nothing
| IL the accused is supposed to be rich
What Is likely 10 be the cost Of de-
fense for the supposed rich man? Her
previous record has to be investigated
depositions have to be made by those
naturally disliking to mix In such affairs,
to say nothing of possible threats of
counter suits on themselves Again, all
detectives are discredited by jurors when
the counsel for the blackmailer makes
mcst of the argument that the rich man
can afford to buy testimony while the
POOR unfortunate woman can AFFORD tc
buy nothing
Fourth: The sympathy Of a jur,
naturally inclines to any poor woman a
against any rich man Her apparen
heIplessness, her tears. and her prevari
cations are taken at face value
Could a false accuser have a heavl
penalty of imprisonment to fear II M
or her case is found to be false, mucf
might be saved to every community.
1 MARY F. HENDERSON