New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-12-30
The Stielow Case
Is the State Responsible

To the Editor Of The Tribune
Sir: Governor Whitman's recen.
don to Charles F. Stielow. conv;c.oi
murder and four times snatched fr.s.
electric chair at the last moment. Is =
closing chapter in one of the moo,
markable criminal cases on record ca
lows ultimate vndcation and ree+,x...
to citizenship are due solely To tbo
slstent efforts of private individuals ~
believing in his innocence, waped
cessful fight for his freedom. Still.
release. after long siege of irnprjsorn..
and mental torture, however erat;f,,;-
to the accused and his Champions
presumably TO the state for bein, Gu. -.
the odium Of putting an innocent NAV
death nevertheless seriously challe,.
the efficiency of our administrator os
tice. This case, with its many ramises
'lonS' motions for new trial extrao,d;
nary revelations, confessions made ~
rcpudiated, stays of execution and anros,
for executive clemency. presents civil
ing illustration of legal red tapep 80.
technicality. 4
Not only has the "Stielow casep sb...
conclusively that an innocent man can !.
sentenced to death despite the legal a..s.
guards" which apparently surround b;r
but it is true that one having unds~r.-
such horrible experience can Obtain
redress from the state for his suffer;n.a..
disgrace. The state is powerless to nsts
adequate amends to its innocent VICTIM
Is It not sad commentary unon on.
enlightened civilization that ALTHOUGH -.
individual may be compelled to paw dam.
ages for his wrongful acts, the state is NOV
mitteds SO escape liability for grave in
justice committed by it?
The lesson of the Stielow case Is tro
fold:
IL The Office Of Public Def.rd.~
should be established to prevent wronofn
convictions particularly with respect 70
indlgents), on the theory that the s..ts
should seek TO acquit the innocent as we'll
as to punish the guilty, and that the d.
fence should have the same resources >.
are available to the prosecution. The she.
cessful operation of this Office in varou,
American communities and foreign conn.
tries amply justifes the proposed legisls.
ton. Progressive thought is rapidly recop.
nlzing that the Public Defender nlan !.
fundamentally sound from the standuOr.
of justice, efficiency and economy
(2) The state should indemnify tbos.
who, like Stielow, are the victims of lecs
injustice. In this connection it is inter.
esting to note that the German law recoc.
nlzes the right Of an innocent person IN.
justly punished, 10 be compensated bv ths
state, viz:
Those defendants who have been &c
quilted upon retrial may demand dam.
ages or compensation from the state
their punishment pronounced at the first
trial has been put in operation, in whole
or in part
innocent persons who have been dc.
tanned IN custody before trial and who
have been acquitted in criminal case
may demand damages from the state. If
the trial has established their innocence
The just and equitable administration Of
the criminal law demands that both of the
remedies proposed should be incorporated
in our judicial system The America
sense Of fair play should apply as log
cally to the state as to the individual
The Square deal" in the courts means the
democracy of justice. If the state can COM
NIT wrong, remedy should be providei
for the one injured
MAYER c. GOLDMAN.
New York, Dec. 81, 1918.