New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-01-04
CALLS GRAND JURY
LAWS "APPENDIX"
Samuel Untermyer Makes
Attack on Usages in
Criminal Cases.
THINKS IMMUNITY
PROTECTS THE RICH
In Another Church Address he
Pleads for Rights of Minor
ity Stockholders.

Broadly asserting that in almost
every department of the administra-
ton of justice, so far as the enforce
ment of the criminal law is concerned,
rresent methods are crude, unequal
and unjust, Samuel Untermyer spoke
last evening in the Church OF the As
cension on sour Barbarous Admins
tration of the Criminal Law"
There is no reasonable certainty, he
said. of the protection OF the innocent
or the punishment Of the guilty De
PENDANTS too poor or friendless TO oD-
tain bail are herded with criminals
before trial. Punishments, instead OF
being deterrent or reformatory, are
breeders of crime and disease.
81 insist" added Mr.. Untermyer'
"that our legal machinery for the de-
lection and punishment of crimes re-
ouires radical reformatory treatment
from beginning to end. II is unjust
alike TO the state and to the lndi-
vidual
"The responsibility for this unfor-
tunate situation should be shared
about equally between our defective
procedure, our law officers and the de-
moralizing influence of the attitude OF
the press upon the public and upon
our courts, juries and prosecuting Of
fcers."
Mr.. Untermyer denounced so-called
confessions obtained by what he
termed star chamber Investigations
that recklessly violated the rights of
the prisoner On the other hand, he
said he favored the abrogation of the
constitutional right of defendant to
hold his peace and the withdrawal of
the immunity now enjoyed against in
elimination.
"No innocent man can be prejudiced
| by such a course, properly safeguard
/ ed" he explained. at will serve only
/ to destroy the refuge of the guilty
who so often and so successfully rely
solely on the inability of the state tc
discover their guilt. Then, and not
until then, will we reach the offence:
! of the criminal rich"
/ Mr.: Untermyer would have the prose
cution produce all the evidence in III
possession before a defendant coulC
! be held for trial.
Referring to the reversal OF the mrs
Becker conviction, and quoting from
two of the judges of the Court of APP
/ peals, Mr.. Untermyer then discharged
his broadside against the grand jury
He urged the abolition of this "anti
ouated, useless form, the veritable yer
inform appendix of our system o.
criminal law"
He had previously declared that tn
requirement of secrecy was dead let
ter in every case of public importance
"The most open and persistent cu!ori
is the public prosecutor" he contended
'If we want a fearless adminlstra
ton of justice, the public and the
newspapers" he said later, SHOULD
also cease abusing jurors of whose YER
diets they do not happen TO approve
We should cheerfully abide by the de
cision. unless we have re- son to be
lieve il to be corrupt. The attitude
of the court and the papers with re-
spect TO the verdict of a few weeks
ago in the Clearv case was lawless
Speaking on the Oppression OF MI
noritv Stockholders" at the Park ave
nue. Methodist Episcopal Church in th'
morning. Mr.. Untermyer urged the rep
resentation of minority shareholders II
the directorships of all large corpora
lions. Such representation, he said
would take the control OF corporations
from, the hands of the bankers who hat
evnIoited them. He added that 4
would restore the confidence OF IN
vestors. whose money the New Hsver
and other scandals had scared int'
hiding.