The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-31

il NOT conceivable crime in the code
that has not been committed Because
OF this there is nothing new in The mat
ter Of how an Indictment shall be pre-
pared to 1T any case You know where
: to look for just what you waut in the
way OF phraseology or method of pres
entation alorg any special line,
innovation in indictments? No.
wouidn't suggest any changes even II
suggestions for change would be of any
use. II is true that the language and
form are rather archaic. But they MI
the bill exactly, and even though they
, may seem Pathological. that doesn't
make much difference II The end il at
taired. 1t is much easier for clerks
than constant changes would be. and
clerks can be more certain in their
drafting If the words used for crimes
are always the same and the places
in the document for the defendant and
| the prosecutor are In a certain sequence
that never varies.
II know it is smile bringer to re 4
aloud very often the phraseology Of the
! Indictment. F.r instance. when YOU 20
on to say: The said John Smith with
| force and arms, in and upon one Jack
| IbllrS III the peace OF the NAlh people
| then and there being. wilfuly. feloNi-
! ously ana Of malice aforethought did
/ make an assault. and cer,lin pistol
| .hen and there charged ard loaded with
gunpowder and ono leadcn bullet, which
! said pistol, he, the said John Smith. In
, his right hand, then and there had and
! held, - gt against ard upon the said
! Jack Jones. then and there wilfully
! fe'onious.y and OF malice aforcthought,
| ala shoe. or and discharge"
Mr.. Perkins could have been going on
yet There is no question he has his
Indictments by heart. lie ratified along
until. turning his gaze from tae ceiling
| Of the axe room. he encountered M
startled look. His mustaChe drew
down, his goatee drew up, his eyes
tw.nkled and his bald spot wrinkled NJ
he laughed his appreciation OF my as
| constituent.
"Do you think the preparation OF
| 5000 indictments has made you less
Of believer in mankind"
mot a bit-Scmc good. some bad. al
enough ! have had more to do witt
spottInG bad ones than locating good
ones. I'm about the same sort OF
fellow as when ! took hold here. Wha'
/ | thought then | think now. You see
although have prepared indictments
for 90 many law breakers | have not
come In personal contact with them
This makes a difference. | see only tho
good ores here--only the good enter
and take our attention" Another
sphinx smile.
There's one thing about indictments
rlat I've noted. It's the little NEAR
cases that give YOU the most trouble
There is shade or an angle tina
causes veXatious setback very often
In the larger cases ii Is much plainel
sailing Ordinarily the public nigh
suppose the cases that are the mos
! notorious and gain the most publicity
cause the preparer OF the Indictment the
hardest work. But this is far from
} being the fact.
Another thing I've come to notice
during my thirteen years OF service
I'm much more satisfactory 10 myselt
as a questioncr ard digger up thar
} when | first started a tho work. L
il only natural that I should he, bu
YOU som times find an impression pre-
vailinc that this or that Official assume,
his Office ms fully prepared to carry OF
, the work as If he had been at his new
: desk for years.
In commercial life this mistake 4
, never made. 1t Is known that a mar
must learn on the lower runss OF tn,
ladder. And perhaps III" CYNICAL!
critical might say that there are publ,
, officials who never get any better thar
the day they took office. But rattle,
/ incline to believe that the averag
l oficeholder increases his profcienc,
; for his work constantly.
Abiding again to the work con
I nected with picayune cases compared
| with those of larger import II is a fac
: Chat a ffteou-year old boy might !;
) many cases make out an indictment TO
murder in the first degree A boy Nigh
; have made out the Indictment In tn,