The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-26
TRAIN SAYS JURIES
ARE SEVERE ON RICH
Assistant Prosecutor Tells Chi
cago Bar Poor Man Has
Best Chance.
ATTACKS NEW YORK CODE

CHICAGO, Feb. 25.-Assitant District
Attorney Arthur G. Train Of New York
city addressed the Chicago Bar Associa-
ton tonight on Criminal Law and
common sense lie paid his ompli-
ments to the yellow press" gave IL as
his opinion that rich men have less
chance than poor men at the criminal
BAR and declared that in a record OF 100
murder cases examined by him drink
was not the primary cause of the kill
ings.
lie also criticised the New York ode
severely.
80 far as there is any sentinentallty
about criminals" he said. "it Is largely
due to some newspapers. II an old maid
sends Violcts or writes a letter to a
Young thief in tho Tombs these news
papers picture his cell as q florist shop.
Few flowers get inside prison walls.
"Teople assume that all criminals are
built on the lines of Gyp the Blood.
whereas a large percentage is no worse
than others.
~ 'A, NFth l'NE nv uAtN
" evidence, publish eN parte statements
and unfoundcd rumors and print for the
benefit VI the jury all the testimony that
a not admissible at the trial Public
opinion, created and controlled by tn.
press. directly or indirectly. affects the
verdict Of the jury. In Atlanta the jury
convicted Frank months before the trial.
The paper, it seems, must take sides vio-
iently-make "A row-start something.
Poor Have Hest Chance
There is not one law for the rich and
another for the poor. with us a rich
man has less chance before a jury than
4 poor man. There is a latent prejudice
lurking under the skin of the American
juror against policemen. politicians and
rich men accused of crimes. The Juror
has read all about them and knows the
tricks they are up to. so that at the bar
The rich mau gets the worst end of il.
n IS only afterward that he has the add
vantage. lie can buy delay-although
he can't buy the jury.
The Inherent advantage OF the rich
nalefactor Is that he can often buy off
the complaining witness or make such
generous restitution that there is no vim
dlctive demand for prosecution. This is
not 4 limitation of the criminal law but
OF human nature"
Mr.. Train said that the New York
code ahounded in evidences of legislative
sssininity.
THAT such statutes are passed is
due he said. TO the hurry and care
l~essncss with which bills are intro
duced into the Legislature and the dis
inclination OF Judges. prosecutors and
members Of the bar to give the time
necessary to a conscientious prelimi-
mary in~NgStlCation IF them.
"The absence Of a system Of pre-
'lmirary barristers sucn AS they have
N England. under which IL is tho
business OF trained men 10 study all
propused IeCislation. makes much of our
lav fantastic An ounce of prevention
~ criminal legislation may be worth
.sveral ton e legal opinions written in
connection with a statute which should
ncyor have come into existence.
County Results Good.
THE general results In New York
county are satisfactory. Counting
pleas of guilty as convictions. the per
r.nttge OF convictions 10 scquittals
luring the las, fifteen wears has grad
ually Increased from about 30 per cent
10 nearly 30 per cent.
The reason for this may be the in
ceased efficiency of the courts, more
rarc In finding indictments, or in greater
'lberality in dlsInissing indictments al
ready found. Probably 1t is due to
~ three of these cause The District
>ttoruey's office Of New York county
dIsposiug as 1t does of about 1000 in
dicjments a year, pounds out justice II
quite a busiuesslike and methodical wa,
md with . considerable degree o.
accuracy.
Undoubtedly this result Is due Il
the fact that our Judges take an active
rart in the trial of the case while ye
maintaining strict impartiality. an
convinced that juries in imina case.
are i'll adapted TO achieve justice IN
'ess they are controlled and directed b!
= Judge who impresses them with tn
seriousness of their responsibilities
and who brings a trained intelligence
20 assist them in interpreting the lay
and applying it to the issues raised
This is peculiarly true in code juris
d%ictions. where IL is necessary tina
comprehensive and complicated stat
utes should BE- analysed by the jury