Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-10-21

WALTON J. WOOD houses a total Of III
votes as against nine in the negative an
indication, It seems of public approval
The aim in establishing the office in Los
Angeles was to place the penniless defendant
on an equal footing with the accuser, the
state 1t is the theory OF Anglo Saxon juris-
prudence that among the duties of the public
prosecutor shall be included the duty Of de-
tense; but 1t is common knowledge that prac-
tice has deviated far from this theoretical re-
lation between prosecutor and defendant The
job of the District Attorney, theoretically
judicial, is political, and his record in office
is judged by the number of convictions he
has been able to secure. The situation is
natural, inevitable, indeed. but it hardly
gives the accused the opportunity to which
he is entitled. The law prescribes, of course,
that every defendant, however poor or ig-
norant, may have counsel and the usual
method Is the appointment by the Court of
an attorney to represent him. This method,
though It must be said that thousands of
lawyers have as much public spirit as the
thousands of public-spirited physicians does
not insure In all cases the faithfulness of
service and the ability found on the prose-
cutor's side of the fence The public prose-
cutor of Los Angeles, however, employs in
the defense of an accused person the same
pioys in his prosecution, and he has behind
him the same wealth and machinery-that of
the county of which he is officer. 1t is
constructive work that Walton ]. Wood is
doing in the Legal County Hospital" of Los
Angeles as a few instances will suffice to
show.
The Story of a Thief
Here is the story of a recent case described
under the title Of people VS.. Black: "Black,
a stranger in California had no work. He
lived on nothing at all some days, and little
enough at best. Finally he entered a build
ing, stole some TOOLS sold them and spent the
money at an employment office. He was ar
rested and confessed. The Court hestated
to grant probation, because the man, with
neither friends nor employment, likely
to have increasing difficulty in keeping
straight, and would undoubtedly have sent
him to jail had not the public defender found
compatriots of the prisoner who promised to
employ him, and thus persuaded the Judge to
release the man on probation"
Here is another instance of the service
performed by the public defender. 1t was
brought out in court that two men accused
of burglary were starving when the offense
was committed.
The Judge placed little reliance on the story
when it was related by the men themselves,
but the public defender proved that they
had made sincere and earnest efforts to
cure work and food. After the facts had
been presented in full one man was released
and the other let off with a light sentence.
Had the case been conducted in the usual
manner, it is highly probable that no rigid
investigation would have been made for lack
Of funds.
In a murder case In Los Angeles an excep-
tionally remarkable precedent was set under
the new order Of things. The mental cond-
tion of the prisoner was in question. The
common procedure in such cases is to array
alienist against alenist even dozens against
dozens. The prosecutor and the public de-
fender, cooperating as agents Of the county
government, Joined in asking the Court to
appoint three disinterested physicians No
other expert witnesses were called
The two years experience in Los Angeles
has shown that criminal cases are more
speedily handled than before the innovation.
The public defender II should be added, is
a man Of at least equal ability with the pub
lie prosecutor and the time and facilities
at his disposal are the same. SO useful has
the illegal hospital proved that Mr. Wood
has a stan of eight deputies, beside his in
vestigators and clerks. Yet the county has
saved money. The reduction of litigation
and the efficiency and rapliity in handling
cases have brought this result Though the
record of the public defender in criminal
cases is the more spectacular, the work in
civil cases is no less interesting and helpful
He has assisted more than a thousand per-
sons In civil matters.
Bit of Crank
The man who holds the unusual title is
young man, a graduate OF Stanford. His
profile is keen and bit masterful. but when
you stand before him you see genialty and
humor in the expression Of his face. For
several years he practiced law I'm the Philip
pines. returning with innumerable instances
OF judicial wrong at his tongues end He
was appointed a deputy city attorney OF Los
Angeles. When the revision Of the city char
ter was an issue in Los Angeles he Joined
another lawyer of that city David Evans,
"the father OF the pubhc-defender idea" In
the successful effort TO get that idea incor-
porated into the new charter He qualified
for his present position by passing civil
service examinations held for candidates
"A bit Of a crank" some OF his townsfolk
call him. adding that "he doesn't believe
there is such thing as a criminal class "
Mr.. Wood Is concerned only with courts
OF record, but Portland has In David Robin
son public defender who works In the
police court. One result IN Portland has