The New York herald., 1922-02-21
TRIAL ENDS AS JUROR
PLEADS FOR PRISONER
Give Him Chance. Says
Wyant to Prosecutor i'll
General Sessions.
CITED FOR CONTEMPT
Action of Judges in Scoring
Yerdicts Stirs Public
Discussion.
COERCION, SAYS GR0EHL
Higher Standard of Jurymen
and Fewer Exemptions
Are Suggested.
COERCION, SAYS GR0EHL

Strife between judges and jurors
broke out afresh yesterday in the
Court of General Sessions when a
juror spoke His mind from the jury
box and asked the prosecuting attor-
ney why the defendant, then on the
stand, wasn't given a chance" I'm
mediately a mistrial was declared by
Judge Mulqueen and the juror or
dered TO appear Friday to show cause
why he should not be held in con-
tempt.
The incident occurred in tie trial of
Gregory Emanuel, 20, of 2557 Seventh
avenue, charged with criminal assault.
Charles w. Wyant of 80 Post avenue.
juror No. 4. leaned forward from the
box when the trial was nearly finished
and said to Edward We'll, Assistant
District Attorney, prosecuting:
why don't YOU give him chance? 2"
meaning the defendant.
Mr. We'll told Judge Mulqueen what
the juror had said and demanded a
mistria:. The jury was discharged
and the court took up another case.
Numerous letters criticizing and ap-
proving the stand of Judges Alfred j.
TaIley Otto S. Rosasky and Francis y.
NIancusc in disagreeing last week with
the verdicts Of their iriries We're re-
ceived yesterday by the judges.
Frederick ]. Groehl. former city mag
istrate. counsel for Dominick Albero.
who was acquitted last week against
the judgment of Judge Talley reiterated
his charge against the bench that the
reprimandiug of juries was a form OF
coercion that might result in unjust
conviction of defendants.
GroehI Raps Judges.
wild desire of some judges for news
paper notoriety is responsible for ac-
nuttais in these courts" said Mr..
Groehl. They are not content to let
the Assistant District Attorneys handle
the prosecution or TO let counsel handle
the defense. They try to direct juries
Into their way OF thinking as TO the
guilt or innocence of the accused.
why were juries created? Because in
oden days 10 insure fair trial to per-
sons accused OF crime they could not
trust so much responsibility TO Judges
alone. II Is the judges duty to accept
the iuries verdict without comment or
criticism. Jurors are the sole judges
Of the facts. Bench comment is a.
silent under -the-skin sort OF coercion"
Gustave w Tweer. member OF the
Jury which last Friday acquitted George
Carmichael of robbery and which was
subsequently discharged by Judge Man
,uscc said:
II have no greater disincination to
believe a policeman than any other
witness. but we all know there are GER
tain methods practiced by the police in
the eXacting of confessions that would
tend TO substantiate the testimony OF.
Carmichael that he had been beaten in
the police station"
Refusal of jurymen to believe the
testimony or police OH the witness stand
was the cause OF all the trouble be-
tween Jurors and judges of last week.
The three judges who discharged
iures maintained that police testimony
was as reliable as any other, while
District Attorney Banton said he felt
II to be more truthful. In the acquittals
Of Albero. Carmichael and Louis Web
her. before Judge Rosalsky. the iures
dscredited the testimony OF police wit
nesses
A letter to Judge Mancuso from a man
WHO Ndlu ne ndu stTNtu as juror IN inc
Criminal Courts Building. laid the blame
for the present controversy upon the
poor caliber OF the personnel of juries
BInmes Type Of Jurors.
You judges have got TO get better
type of men on the jury panel" this
writer stated. ~ mean men who have
a proper conception OF their RESPONSE
bility To the community and who do not
sympathze wSh criminals upon the
theory that they may later he accused
or crime and therefore play the part OF
defendant"
The writer urged that men from the
higher walks OF life be made to do
Jury duty. business and professional
men OF standing Politicians he said
should be prevented from fixing" jury
lists so their friends and constituents
need not serve. He advocated. I'm pref
crence to the present customary Small
minded jurymen the substitution OF
tribunal OF Judges
Judge Gibbs. In Bronx county court
Yesterday reprimanded forty talesmen
who stepped out OF q group Of a hundred
when the Judge asked how many felt
they had legal cause TO be excused
from duty. After he had censured them
strongly for evading such a sacred OBJ
legation as jury duty" thirty OF the
forty stepped back into the ranks OF
those willing to serve.
Mr. Banton refused 60 comment on
the turmoil that has been aroused. other
than to say he felt there should be fewer
exemptions from jury duty
81 wouldn't like TO say Just what
limitations should be placed upon ,he
exemption lists. but ! am certain that
n greater number OF classes OF citizens
should be available for regular duty"