The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-11
MAJORITY VERDICT
BY JURY is URGED
.Judrc Nann Would Also Pro-
tcct Past Of Defendants
on the Stand.
ALTON b. PARKER'S VIEW

AIION ID. ] ~ TN - NiEN
A,p,Sy, June 1o.-EN-Judee Irving
, Yam " the Court of Appeals to-day
,o,d the constitutional convention COM
r,,,ce on judiciary that he favored an
,,perimcutal change In the states jury
system permitting eleven men to bring
in a verdict in criminal eases after not
i.ss than six hours deliberation and
ewing the same right to nine men IN
civil cases after not less than three
hours deliberation.
Judge Vann also expressed the belief
that the present rule regarding defend
ants Offering testimony themselves which
might prove discriminating ~ not work
ing tn advantage n he suggested thdt
the Constitution provide "a change in
his system Judge Nann thought that
n the District Attorneys were barred
from dclving into the pasts of defend
ants ON the stand il would he a good
tl., ia permit them To take the stand.
"rnr old rule don't work very WE'LL
declared Judge Nanu I'm some round
about way the lawyers generally man
age To infer to the jury that the de-
PENDANT is a criminal just because he
didn't take the stand
Wouldn't YOU allow the in~troductio
OF evidence 10 affect the credibility OF
ii. defendant 70" asked Louis Marshall.
NO" replied Judge Nann,
Wouldn't the evil he that slick crooks
would be able TO put up q good front
If mo- evidence could he introduced as
TO their past asked MIR. Marshall.
" never can have general rules or
evidence without some evils the idea is
Ia minimize the evil answered the
Judge.
Judge vann insisted that he did not
favor giving any one the right to waive
tlal 10y jury in a criminal case.
Il believe the judgment of no single
man is as good as the judgment OF
Twelve mem" added Judge Nann. Gem
orally the jury verdict represents the
average Judgment of mankind. Dcca-
sipnslly YOU may have "A crank in the
iury room and sometimes on the bench
and ! do not think It is right that one
man should tie up a jury
Judge Nanu declared In favor Of a
ss,r cuG.t OF Appeals. as 1t was OBJ
yous" that the present court cannot do
che work ard conditions apparently VIII
re- worse" rs another means of speed
Ing the work Of the court, he declared
mat there must I've some restriction Of
Ire FlENA tA dIlltdls idSfh W. ~ ii''
rather than classification Never more
TIM ne appeal should he allowed lie
said.
The ch functions of the Court of
Appeals, JUDGE Nann thought. are TO set
tie questions Of law n keep II still.
and To consider great questions Affect
ing the whole or a large proportion OF
the people. only srrious constitutional
questions should Ice brought to the Court
OF Appeals. Judge Nann declared, as any
lawyer can pick up minor cor stitutional
points on almost any subject
The right which individual members
Of the Court of Appeals now have TO
permit appeals should be abridged.
Judge vann said. He thinks the whole
court should approve Of the permission
To appeal before IL snail he granted, eN-
cept in capital cases.
Alton y Parker and william +.
Goodell Of the safe Board Of Law FIX
aminers app'.ial before the committee
to exp ">s their Views ON proposed
q euut.
Ilige "a ,.r maiut,iued tha' there
should he no appeals ~ 20 matter ot
rrIt and opposed creating = separate
CO.. I of criminal appeals lie complained
about the fact that the Court Of Ap.
pals 'ow has no right to review the
facts ~ cases where it is cyid,u; that
injustice has been done. and iusted,
tas TO liz up a technical question OF
which to base rcvcisals. withou; writ.
irr opinions.
There should he no enCroachmcnt or
n" i',y ir.nl, and 20 permitting the
TIN.u- ID jury trials. Judge Parker
b. tr favored constitutional limita,
ton of 'lc l.Sh uf the legislature &
eA"nNi IttsorS from jury duty,
'Iu" L. gis.itJre has succeeded IL
eliminating a Large number of acceptable
iot to Say desirable. jurors" declare,
Judge Parker.
Thomas f. Smith. a Tammany dele
gate. submitted a memorial from tn,
council OF sachems Of the Society o
Tammtu$ protesting against the con
renilon interfering wiki the right of tria
~ jury aud urging the election of judge
n' I'D" people aud full representation O
Ne" York city in the Legislature s.
mat there shall 10 continue TO be tax
anon without representation"
ne memorial was signed by John i
Ahearn, .Asa Bind Gardiner, waunop
Lynn, George W. P%lunEett. Henry "
ger. William Dalton. Louis +. Hafeu
1h'r."s + Murphy, John J.. ScannelI
Ih"mtS Darlington. George W. Lor,
Thomas MrAvoy and Edward G. Shechy
President Root referred the first sec
tou Of INC memorial to the bill o
lights committee. the second to the ju
o.''hiN committee and the last part I
me committee or legislative ~organiza
ton.
JONI +. Ahearn proposed an amend
m'lI providing for the establishment o
''hld welfare commission for the trii
I" Juvouil" ~delinquents, his Idea bcin
20 iHrth"r the movement for keepin,