New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-26

: maintaining strict impartiality. J am
convinced that juries in criminal cases
arc i'm adapted 10 achieve justice un-
, less they are controlled and directed by
/ a Judge who impresses them with the
( seriousness Of their responsibilities
and who brings a trained intelligence
. to assist them In interpreting the law
and applying IL 20 the issued raised
+ This is peculiarly true in code JuIls.
B dictions. where Il is necessary tha'
. comprehensive and complicated stat
utes should be analysed by the jury.
! see little justification, so far as our
court proceedings are concerned lo'
the popular belief that the sdmlnlstIa
ton OF justice in America Is eohoueleJ
more in the interests Of the GRIM MAJ
than Of the community
Alike Here and Abroad.
!, effect. the administration OF JUS
tce. as ! know 1t, in America dlHeIs
very little from the administration OF
/ Justice in foreign countries where .hey
/ are supposed 20 proceed on an ehSlIe'!
different theory, that OF the 9eiehuans =
guilt | had the privilege OF ATTENDING
the trial Of the Neapohtan Camoria, az
Niterbo. after having heard much OF the
80 ~ foreign courts Of justice and
how tbev admitted hearsay evidence
and called upon the defendant 10 prove
his innocence. So far as ] was able
20 observe. the procedure at Niteroo
was conducted substantially as II would
have been IN America.
The subject Of the delays IN crimihA1
procedure is q popular one. Doubtless
they were and still are rehectlon on
orr system. but agitation in this regard
during the last few years has had
proDounced effect. What delay on sp-
peal there is nowadays is due chiehy
10 the reluctance of attorneys 10 pre-
parc cases and argue them without
adequate remuneration. a DEFENDANT
has usually been sucked dry by the time
he has been convicted, and the lawyer
wants time in which the defendant or
his friends can raise money for re-
fresher."
In states like New York, where
Judges in general are unfamiliar with
criminal law, ] should favor court
of criminal appeal, whose decision
should be final A bench Of three well
trained judges could easily handle al!
the criminal appeals in the State OF
New York, and keep their docket up
70 date.
and tried their cases with care, and
those cases were prosecuted only be-
fore Judges qualified by experience and
training 10 preside a. criminal trlaIs'
and there were fewer fool statutes
upon the books, the matter of criminal
appeals would take care Of itself.
our object should be 20 get quick
final determination and prevent that
Lostpouemeut Of deserved punishment
which gives color TO the claim that
there is one law for the rich and an
other for :he poor.
OF course, there isn't one law for
the rich and another for the poor
They are both tried under the same
law. With us the rich man has less
chance before a jury than a poor man
There is a latent prejudice lurking
under the skin Of the American juror
against policemen, politicians and rich
men accused Of crime. The Juror has
read all about them and knows the
tricks they are up to. So that at the
bar the rich man gets the worst end OF
il. 1t is only afterward that he has
the advantage lie can buy delay
although he can't buy the jury.
The common sense Of the matter IS
that often the poor man can't ahoIo
to take his case up on appeal, while
the rich man can. Thus you mlgh,
say that in effect the poor man hao
no appeal. ! concede this TO be so
Even If appeals do them little good
criminals ought to get exactly th'
same handling rich or poor. I9 &C
complish this the rich mans rights
should be limited until they are actu
ally no greater than the poor mans
This could be done by allowing a di
rect appeal to a court Of criminal ap
peal. where the matter would end. /
Inalefactors of great wealth had
present vision Of themselves breaking
stone and eating barley soup at tn
end Of next week. instead Of at tn
end Of next year, II would make vas
difference.
The Inherent advantage OF the rlci
ualcfactor is that he can often bu.
off the complaining witness whom n
has injured, or can make such gener
81 Gus restitution that there is no win
dictive demand for his prosecution
Fnat is not a limitation of the crlmi
nal law, bat of human nature.
Under our present system there ar
three factors in the administration o
just!ce-the judge, the jury and I'll
newspapers. And the last is often tn
most important.
There are criminals for the sam
reason that we are all miserable sin
ners. But congratulations are danger
GUS. For instance, the idea that drinI
{ or anv other particular cause is re
- sponsible for the majority OF murder
. is unfouuded.
. Being interested to ascertain if sue
dominant cause existed ] kept rec
b ord Of one hundred homIcidcs. Ihes
% showed forty-eight killings from ms
% cellaneous reasons unconnected, thirt
deliberate murders by people who wen
out cunning for one another and TWEEN
tv-two homicjdes in the course of quar-
rels. 1t needs no analysis TO show tina
. drink was not the primary cause Q
y these killings.
Do not expect too much of the erin
. inAl law. Its scope is necessarily I'm
y tied Ii is i'll adapted to take the plac
, Of religion, ethics or good taste. 1t
= effective only TO the extent that
y represents the moral sentiment OF III
community, and IT is a weapon who's
y edge quickly rusts where public sPir
4, fails TO keep II bright.
y SHIFT IN SENATE PLANS
, Democrats Take Up Conserva