The New York herald., 1922-02-19
JUDGE TALLEY Sees
PERIL in BOLSHEVIK
ATTITUDE OF JURIES
Joins Rosalsky and Man.
cuso in Denouncing Free
ing OF Guilty Persons.
TALESMEN LOW GRADE
Cites Acquittal in Burglary
and Combats Theory That
All Policemen Lie.
WOULD END EXEMPTIONS
Movie Film of Crime May Be
NJ Needed to Get Conviction
II Here, Says Jurist.

88 Judge Francis X. Mancuso has be-
come the third of the Judges of Cen
eral Sessions tc disagree violently
with juries within the last week On
Friday night Judge Mancuso dis
charged jury that had just ac-
quilted George Carmichael, chauf-
feur, 201 East 115th street, who was
on trial for first degree robbery.
SO incensed was Judge Mancuso at
this verdict that he told the jurymen
that he would request the Commits
sioner of Jurors to strike their names
from the lists. On Wednesday Judge
Talley dismissed q jury under SINH
lar circumstances. In both cases the
iNrymen were highly indignant and
declared that the police testimony
on which both cases pivoted was not.
IN their estimation. worthy of belief.
Somewhat similar was the scene in
Judge Rosalsky's court on Friday,
when six talesman. being examined
for jury duty, declared that they
would not give the same credence
TO police testimony as they would to
the word of other classes Of citizens.
Judge Rosalsky dismissed these six
men and the court read them lee
ture upon the honesty Of ninety.
nine out of one hundred" policemen.
Don't Plan to Make nm Issue.
Judge Talley said last night that he
and his fellow Judges in the Court of
General Sessions were not contemplate
ing making an issue of the suggested
epidemic of non-belief in police testi-
inony, but it was said elsewhere that
the matter may be taken UP at the
next meeting Of the Judges.
Recent developments, I think, are
due to something comparable with the
authority and government that has
manifested itself among criminals in
crime outbreaks, and is indicated
among persons not criminals but who
are adverse to supporting organized
government by putting down lawless-
ness and lawbreakers," Judge Talley
said. TT is a manifestation of the
Bolshevik spirit. which to a certain
degree seems to pervade the whole
world.
TT is due in part to the varied and
complex conditions of psssent day
Civilizations lack of appreciation Of
ideals and standards of good citizen
ship. Apparently violations Of law and
the commission of crimes are not re-
garded to-day by many persons so Sc
riously as they were looked upon two
or three years ago.
Lswbreakins Is winked At.
Practically every man called for a
Jury nowadays is willing to violate the
prohibition law, and he knows all his
friends are willing to do the same
thing. That in itself is the breaking
down in one spot at least of the re-
spect for the law which every citizen
should have. Once that respect for
the law is shattered breakdown all
along the line is not extraordinary.
1t is exactly like a break in wire
conducting electricity. Although the
air Is charged with electricity and
power houses are working overtime
one break in the wire and connection
is destroyed.
Present day Jury material is un-
lac, ~ -t~,t<
TO this. First. the law, which permits
exemption to about nineteen classes
of citizens, including doctors, clergy
men. teachers, newspaper men and
others.
"All exemptions from jury duty
should be abolished and every citizen
compelled to serve. Whether any per-
son is excused from jury duty should
rest entirely in the discretion OF the
Judge. There is no more reason for
excusing classes from Jury duty than
for excusing classes from allegiance
TO the Government
"A second remedy rests with the
judges themselves. There is too much
laxity in excusing Jurors. II all judges
of the Supreme Court and General
Sessions would agree to excuse no
Juror except for disability, jurors who
M to the present have been able TO
get excused would be compelled TO
serve"
nreacb Over Police Testimony.
In all three cases cited police testi-
mony. caused the breach. Carmichael
had been on trial for a week. He was
accused OF robbing Samuel Richman,
a jewelry salesman, 519 Lincoln place,
Brooklyn. on November !. The rob-
bevy was alleged to have occurred in
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