New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-04
Iurist Calls Appellate Di-
vision in Brooklyn "Very
Reactionary."
upGES REFORM IN
CRIMINAL ACTIONS
Wants Judges to Look Around
Instead of Delving Into
Musty Precedents.

s., rdoa-d Swami. OF General SCI
discusses criticism Of the courts
,r.l law. delays i'm AN article on
..l .vo~c Justice and Less Proceed
., the current number OF The
--.,t. Juasc Swami is himself 2 critic.
- ,tr courts. but OF their antQuatod
900 o. procedure Bills drawn by him
.s. rrrnosc of injecting modernism
.o.rt methods and rules Of evidence
.r p, taken up hy tho legislature this
scar ,.,. ,..,oo
--.~, believes. under the present rules
81. nc appellate courts. But they cannot
DC saws "by forever delvins into
......, nsccs Toy presidents TO decide upon
,,s,c o. facts arising under present
... conditions. instead of looking around
.t,., IN tho broad modern world and con-
..-,i-r laws in the same light in which
norcr.sIatu.e enacted them
rss Arncuate Division Of the ist De-
-.-,rer, which includes Manhattan and
-ba B-o-N. has q thorough appreciation
~ modern demands. Judge Swami says.
small us efforts can be nullfed by the
Gam, a. Aprcals The Appellate Di-
,...o- Of the 20 Department i'm Brooklyn.
r.6re Swami SAYS. els very rcactionary IN
.-,r.rsl cases and insists upon the an
Giant rules and procedure incrJsted with
t.-racies. and continues TO shaw tho trial
.gese how 10 cannot be done whatever
4, m that ou-at 20 be done.
pv vsv OF comparing our courts with
\ ,sose Of Eneland. Judge Swami has this
4 10 say.
Tho administration Of the criminal law
r nopuIsrlv supposed 10 be the same IN
t.,. country as 20 England. But tho tech
meal decisions o. reviewing courts have
h.lf up a criminal procedure that Is very
different consider the case 81 Or. Grip
rer. who murdered ms wife Belle Gilmore.
Tho actress ITO was convicted. sentenced
and executed in London. lie was tried
lust once and the verdict was sustained
sr tic unanimous vote of the Court OF
Criminal Appeal
"Bu, IL that trial had taken place in
Nen York the Judgment would have been
reversed for many reasons on the judges
charge 10 the jury alone the New York
Court Of Appeals would have unanimously
ordered a new trial Although the Lord
chief Justice before whom the case was
tred did nothing % prejudice Crippen's
case Bon any way. under our rules Of evil
.encc ana procedure the case was fun OF
rirors
TO the criminal courts hampered by the
archaic rules demanded 10y the appellate
courts the newspapers are OF great as
ssiarce boz important cases. Judge Swami
tts But that is not as IT should he. he
eid, for sometimes the newspapers be-
cone 500 aegressive and insistent in their
VOWS that "a jury may be overawed by the
criticism that viii follow an adverse vcr-
dat and return a verdict which is not in
accordance with the evidence. In extreme
.s es Judgc Swami says. the influence OF
the newspapers amounts TO refined lynch
llw'
NJ tine appellate courts would recognize
and approve modern methods Of court
PROCEDURE Judge Swami believes there
would Do mo- more refined lynch law.
The courts would have the confidence and
respect of the people. A much closer APP
= roach to absolute justice would result.
Da-,. would bc disposed of with dispatch.
fic ends phu, ophicslly: "The past had
is Bourbous. NO learned nothing and
forgot nothing. and there are Bourbons
pr the. present day, and reform has q
stout opponent in tradition: hut let those
vho labor 20 remodel tho existing system
ior tho purpose of obtaining enlightened
justice toll on, Tho unattainabiity Of idcal
best is no reason 10 drop the hsht for
f....r fhfN humanity .ffsirablC better"