The New York herald., 1922-02-22
BENCH SPLIT OYER
REBUKES TO JURIES
Judge Mancuso Refuses Fore
mans Demand for Retrac-
tion of Criticism.

Juas1 Mancuso in General Sessions
was called upon yesterday to retract his
mental incompetency" criticism OF a
Jury last week by the jury's foreman.
II. b. lNevelson, dress manufacturer, at
IA to Is East Thirty-second street
Judge Mancuso's reply was that he
would show the jury had proved itself
mentally incompetent and had been
completely duped. as soon as the trial of
Samuel Castrillo. codefendant. had
ended. He said he could say nothing
more at present without prejudicing the
case of Castrillo, charged with first de-
gree robbery and receiving stolen goods.
1t was George Carmichael's acquittal on
the same charge that caused the ruction
between the Judge and Jurors.
Mr.. Kevelson, whose home is at 745
Riverside Drive, appeared to be indig-
nant over what he termed the injustice
that had been done to him and HIS eleven
colleagues. He still feels so stro ngly he
says. that he intends asking the Mer-
chants Association. of which he is a
member. to call q melting to discuss the
controversy.
Judge Mancuso was one of three
Judges who last week criticized juries
for returning verdicts of acquittal against
the Judgment OF the court. Judges Tai
ley and Rosalsky discharged juries In
two cases on the ground that they had
discredited police testimony and accom-
plished a perversion OF justice.
Mr.. Kevelson insists that Judge
Mancuso did gross injustice to twelve
American citizens who rendered a ver-
dict in accordance with the dictates of
down by the judge in his charge"
Mr. Kevelson said he believed. after
two weeks of jury duty in General Ses-
sions, that too much testimony was
thrown out by the court on the one
hand, while on the other the judge and
the District Attorney were in possession
Of information about defendants that
often wasn't brought out in testimony.
He said that the Jury was anxious 10
convict in the Carmichael case, but felt
it could not do so on the evidence pre-
sented. He denied that the jury had dis
credited the testimony of the police.
Justice Frank S. Cannon, Jr. OF the
Supreme Court. Brooklyn. yesterday on
posed bench criticism of juries for failure
to believe police testimony as "unfortu-
ate and, to some degree, unjustifed.'
"When a police officer who has made
an arrest takes the stand" said Justice
Cannon, 'he is a perfect illustration or
the type of interested witness. His repu-
tation and his record are affected, and
it is beyond human nature to expect
him to state mere facts. On the other
hand he offers conclusions for facts and
his natural effort is to project his theory
of guilt into the minds OF the jury
men,
Newspaper publicity given to police
brutality and third degree methods OF
obtaining confessions. said the Justice,
is another reason why jurymen tend
to discredit the veracity OF a uniformed
witness He pointed out that district
attorneys and judges. because of daily
contact with criminals and crime, can
not possibly remain perfectly neutral
and unprejudiced toward defendants.
Commendaton of Judge Talley's ac-
tion In dismissing jury was contained
yesterday i'm letter from William III.
Anderson. State Superintenden ent of the
Anti-Saloon League of New York. las
spokesman of the largest organized
group of citizens committed to the up
holding OF the laws" He suggested that
such prompt action. IL taken by judges
who administer the prohibition law.
might do much to prevent ffagrant viola
tons that so unpunished.
Joseph Perciacanto. 80, of 322 East
1924 street. who was arrested with
Domnick Albero whose acquittal last
week caused the trouble between Judge
Talley and his jury. was convicted yes
terday and sentenced by Judge Talley 10
two and half to FIVE years In prison.
The two men were charged with at
tempting to rob a poultry store at S19
East 1a2d street.