New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-01-03
DEN0UNCE ABUSE
OF HABEAS CORPUS
No Second Writ for Rich
Paranoiacs. Urges Bar
Committee.
TRIAL BY NEWSPAPER
ALSO SHOULD STOP
Would Have Secrecy Of Grand
Jury Proceedings Held as
InviOlably Sacred.

Abuse Of tho vri: Of habeas corpus
and the violation a. the secrecy Of
grand jury proceedings. or so-callcd
trial by newspaper" were denounced
yesterday by the law committee of the
Association of the Bar of the City OF
New York in It's fourth report.
George Gordon Battle is chairman
and Henry a. Forster secretary Of the
committee. Five recommendations were
made, as follows:
~. The adoption Of the English and
Vow Jersey practice, approved b. the
Supreme Court OF the United States.
allowing the trial Justice in any crimi-
nal case whore the defendant elects to
stand mute or fails 30 testify IN his
own bchalf. TO charge the jury that n
~ az consider the defendants failure 20
testify in his own behalf.
- The adoption Of the federal and
English plan of a blanket or Joint IN
Gictment, with separate counts. when
ever
"lal There arc several charges against
the defendant or defendants for the
same act or transaction;
"(b) For two or more acts or trans
actions connected together; or,
"tc) For two or more acts or trans
actions of the same class OF crimes or
offences
Third The admission Of proof in
criminal cases of other and different
wrongful acts, or Of other like acts OF
the defendant, whether prior or sub
scquent. such as. In the search for
truth in civilized and free countries
outside the domain of the common
law t2l1. L. $, ll31, would tend 20
show defendants scienter. motive or
intent. in doing the act in question
as evidence OF motive or intent IN
criminal causes ...
Fourth The abolition Of double
Writs of habcaS corpus for the same
cGuse. The making Of a decision on
the merits upon writ Of habeas cor
pus as hnal and conclusive as anyother
final order.
Fifth The abolition OF trial by
newspaper. at least % the extent OF
forbidding any threat, or reckiessl$,
or Intentionally, false or misleading
statement, which tends, or IL intended.
TO affect the result Of any pending ac-
ton or proceeding. This, It viii De
noticed. leaves unimpaired the present
night Of newspapers TO publish a true,
full and fair report OF any trial, argu-
ment. decision, etc
II would be necessary 10 amend the
code of criminal procedure TO enact
the first three recommendations. The
fourth seeks TO amend the code OF civil
procedure. and the fifth to amend the
judiciary law in relation TO contempt
Of court.
Declaring that double writs of
habeas corpus should be abolished, the
report saws:
1T should be both a judges right
and his duty TO refuse veXatious writs
sued out By allies of the criminal
classes and the foes of organized So
ciety.
There is 10 reason why well-to-do
malefactcre and paranCiac lawyers. who
are inmates Of prisons or peniten-
tiaries. rather than Of state hospitals
for the insane. should. merely because
cf their being in prison, have the priv
;lege Of al unlimited number OF writs.
The abuses Of habeas corpus should be
abolished by making the final order
thereon final and conclusive in all cases
where die merits are involved