New-York tribune., 1922-02-22
Tells Jurors to
Ask MancusO
For Retraction
Foreman Says Denunciation
by Court for Acqui,sal
Is Bitterly Resented;
Warts the Stain Erased
Charges Gross Injustice
Justice Cannon Criticizes
Attacks; Discusses the
Evidence of Policemen

Lyman KcvcTson. manufacturer. Is
East Thirty second Street, foreman of
a jury recently reprimanded by Judge
Francis X. Mancuso in General Scs-
sions after it had acquitted George
Carmichael, on trial for robbery, is
sued statement yesterday declaring
the jurors bitterly resented the
judges action
Mr. kevelson invited the other eleven
men of the jury to so with him to
Judge Mancusco's court with an cX-
pianatlon of their reasons for the YER
dict and at the same time to nsk that
Judge Mancusco erase the stain and
imputation against twelve good Amer
lean citizens"
Mr.. Kevelson, who says he WAS
graduated from City College and New
York University Law School and for
merly served as clerk in the office Of
Judge Thomas C. T. Grain, now on the
General Sessonss bench, writes with
regard to Judge Mancuso's action:
This is gross injustice to twelve
citizens who in the free exercise Of
their discretion rendered a verdict &C
cordlng to tho dictates OF their con-
sciences. Our system of Jurisprudence
does not permit us to convict where
there is reasonable doubt as to the
guilt of the defendant We were spe-
ciically instructed by Judge Mancuso
in this particular case that if there
was reasonable doubt we must find
the defendant not guilty.
AS matter of fact the only count
on which we could have held him
guilty, in my opinion, was that of
fri i,oir3 3.,ll +oIo
had been withdrawn from our con-
sideration by the court. The court also
charged that if we believed the alleged
confession Of the defendant had been
obtained by duress or through fear of
bodily harm, we were at liberty TO dis
regard it.
The jury desires especially to COM
plment the work of the police in this
case. The imputation that we dis
credited their testimony is wrong. |
was not permitted to make an explana-
ton and, contrary to the spirit of
fairness, we were condemned without
an opportunity TO say anything in our
uelense. never met q more represen-
ttatlve body Of men than that compos-
ing the jury in this case. Most of
them were representative manufacture.
ers and merchants"
non addressing panel of prospective
Jurors in Brooklyn yesterday, criti-
cIzed the recent disapproval of Jury
verdlcts and defended the jury system
as it operates in New York CITY.
Much of criticism directed against
lurles appears to me entirely unfor-
tunate and to some degree unjust"
Justice Cannon said. Jurors are in
structed and are bound by their oaths
to remember that the genius of our
laws throws certain safeguards about
every man until he shall be proved
gulIty-that guilt must be proved be-
yond q reasonable doubt; that the tcs-
tlmony of interested witnesses should
oe subjected to careful scrutiny. and
there is very old authority for the
statement that it is better for MANY
guilty to escape than for one innocent
man to suffer
i concede and assert the general fine
manly character of the men who com
pose our police force, but when an
off1cer who has made an arrest be-
cause he believes he has found the
culpr1t takes the witness stand he is
a perfect illustration Of the tyne of
Interested witness. His Reputation and
MS record are affected and it is be-
yond human nature to expect him to
state mere facts. On the other hand. |
ne offers conclusions for facts and his
natural effort is to project his theory
OF guilt into the minds Of jurymen.
The police, the District Attorney
and the judges Of the Criminal Court
from their everyday work must find it
almost Impossible to remain neutral
"hlIe the everyday juryman selected
by lot and taken from his business ;s
not subj to any of the bias. After
an, under our policy the jury and the
Judges are to determine fact"