The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-13
JURY PICKING HERE IS
A SCANDAL, SAYS QUIGG
District Attorneys Choose Their Own Trial Judges Also
He Contends in Advocating Changes in Methods
Before Constitutional Convention.

ALBANY. May l2-The favoritism
shown to District Attorneys in New York
city In the selection OF Justices and
<uries TO try criminal cases was d..
clared to be a scandal and a disgrace
BY Lemuel ELI Quigg before the Com
n,ittee on Bill OF Rights OF the Con-
stitutional Convention to-day. The COM
mittee was considering Mr.. Qugg's
amendment providing that Immunity
from testifying shall not exist in Grim
inal cases when the defendant In a
public Official and various amendments
providing that different numbers OF jury.
men less than all may render a ver-
dict so as to prevent one juryman from
hanging up jury. thus doing away
with unanimous verdcts as now re.
vLireo.
Every one knows that the Grand
Jury minutes are inviolate to the de-
PENDANT and his counsel. but are they in
violate TO the public in criminal cases
which have been taken up by the
chorus OF the press" inquired Mr..
Quigg. IL have seen in newspapers i'm
mediately after an Indictment in sen.
sational case is found the main facts
brought out before the Grand Jury"
"And sometimes YOU see the testi-
mony in the newspaper before II even
gets to the Grand Jury" interrupted
Louis Marshall. the chairman OF the
committee.
"A Supreme Court Justice seldom per-
mlts the defendants counsel TO see the
Grand JurY minutes" continued Mr..
Qu!gg, but not 50 with the General
Sessions Judges.
'In fact the Supreme Court Justices
make the boast that they never permit
the Grand Jury minutes to be seen. In
"A NJ n thA action OF the
General Session Judges in this respect"
interrupted william NJ. X. Olcott
AFTER the public mind has been pre-
pared through the press regarding the
evidence before the Grand Jury upon
which the indictment was found the
District Attorney goes to the Appellate
Division and has a particular Judge as
signed 10 preside at the trial Likely
as not after the defendants attorney has
served a notice of motion and is pre-
pared TO argue II on tho Indictment a
second Indictment Is brought in by the
District Attorney" continued Mr.. Quigg
what would be thought II the de-
PENDANTS counsel went to the Appellate
Division and asked for the assignment
OF an amiable Justice? Every one knows
that when the District Attorney goes
there he is asking the Appellate pivi'
son for what the Irish would tern
a hanging Justice Then when you
come TO the Jury list the Commissioner
OF Jurors OF New York county says
he has 100 names On The list. hu
In case where | tried 10 get lo'
iurymen there were only 200 names
In the box.
81 consider the practices which have
been in vogue from the peoples stand
point in criminal cases In New iorE
county as NOTHING less than scanda ,ous
because after the District Attorney get'
a Judge he goes ahead and gets th'
Jury. | think that all exemptions from
fury duty should be abolished and tina
even lawyers. should be comp' He'd Il
serve.
The very men who, II they servec
as jurymen, would bring IN u most Jus
and quick verdict are now permitte'
10 sneak away from jury duty. Now
the trst quest ion which the commits
sioner e Jurors in New York ask
n citizen Is whether or not he is opposed
TO capital punishment. II he is M
name does not go on the jury list, ever
though ne might lie called upon e
servs only IN cases 81 perjury. forger'
and burglary.
when one considers that man u
presumed TO he innocent until foun'
guilty the spectacle Of District Attor
nov having his own Judge and jur!
behind him and a chorus OF the pres
in tho more sensational cases Is one no
70 bc proud Of Aside from puhl
oflcial nerhaps the defendant shout
he immune from testl:ying in crimi
nal cases. but this should be CONSIDERS
as one OF the facts in the case by IN
JURY
THAT would have the effect Of coerc
ing the witness into testify.ns, though
Louis Marshall. TO do away with TN
immunity would practically mean IN
rrestablishmen, OF the irquisiton wh'cI
was met hy the insertion OF the I'm
Inunty clause N the Constitution 70 pre-
vent seif-incrimn1tion.'
Mr.. Quigg rather favored verdict
by less than all OF the jurymen. Chair