Evening star., 1923-12-24
COMPROMISE Jury
NEW WORK PROBLEM
:: instruction Of Judge Snubbed
When Desire to Finish
- .-
- Fl. So Is TEN.
BY ROBERT II. SMALL.

BY ROBERT +. SMALL.
NEW YORK. December 24.-while
New York has not as yet had to
struggle with the perplexities OF the
mixed jury" system, 1t nevertheless
8. has a real jury problem on its hands.
II Is the jury which laughs at the
law and brings In Its own variety OF
verdict. regardless of what the
courts instructions may be. Sew
eral times lately the judges of the
courts here have felt called upon to
lecture a jury for its findings, but
the jurymen merely have smiled and
gone about their other affairs.
In this respect New York proba-
bly, is in no different position from
other communities in the United
: States. and 1t would seem as if the
entire jury system were on trial.
Several times within recent years
efforts have been made to launch .
movement In favor Of q trial by
Judges. but the right OF trial by jury.
granted in the Magma Charta. has
been held SO long to be a guaranTee
of liberty and justice that little or
no headway has been made toward
any sort OF court reform.
Jurtes In New York appear to feel
that they can make their own laws
and their own punishment to fit the
crime. regardless of the evidence.
One or two sentimentalists or soft
hearted persons on jury often have
neen known to sway the others
against their better Judgment.
Compromias to Save TtMe.
But one Of the most rapidly grow
ing problems is that of verdict by
compromise. Rather than be locked
up overnight. 1t has been shown that
many jurors, convinced either OF the
guilt or innocence of the accused.
and agreed with the majority on a
compromise verdict merely in order
TO get quicker release from the
are pdsnhs s5 ths out Jury tnss ssom
-5uries are to be thus swayed, If ver-
: diets are to be thus reached, there
lis little to be said in favor of the
Jury system.
One of the latest cases which has
called attention to the modern methods
employed in the juryroom Is that OF the
Vetters-Ernest and Marie. This mar
RED couple according to the evidence.
invited to their home former lover of
Mrs. Vetter. There. they gave him
whisky. Then they beat and stabbed
linn to death. They bundled up the
body, placed It In Ford sedan. drove
overheard. Ernest Vetter. the aged hus-
band of the wife who had erred, had
taunted her about her love for their
victim. She offered to prove that she
no longer cared for the man. The MUIR
der was the proof. In their confessions
the husband placed the blame on the
wife
Here was a straightaway case. To
men ,versed in the, law it looked as
though there must be either verdict
of .premeditated murder or acquittA
under the 'unwritten law or self
defense. There was no plea Of insanity
Mrs. Vetter said her former lover tried
20 kiss her when he came to the house
This was her justification for striking
him down with an iron bar.
Hard Question to Decide.
The sentimentalists and the sob sis
ters soon got to work on the trial They
argued back and forth as to whether
Or not a woman should tell" Most
tell before her marriage or keep her
mouth shut afterward. Mrs. Vetter
flint teft until after she wasamarffed.
Then her htfsband-gave~ her many un--
: they were Ikea couple of turtle doves.
And SO far as the telling was con.
cerned, 1t seemed to go harder with the
former lover than any one else. He
was bumped of In the most uncere-
.monious fashion. :: :.
The jury was out some fifteen
hours, At first it stood seven for
acquittaf and five for the electric
chair TOT both husband and wife.
Christmas WAS coming on however,
. and-the jurors had lot OF shopping
TO do. So they eventually got to-
gether on verdict of granddaughter
: That is-usua1ly the verdict where one
person kills another unfntentionally
through negligence.
, Another wild verdict was recorded
q day or two previously. 1t was in
the case of the youthful gunman.
Louis Cohen. who shot and killed
Kid" Dropper. a gang leader. Drop
per was in custody of the police and
was being taken away in a taxicab
headed for Sing Sing. Cohen broke
through the police lines. climbed on
the back of the taxi and shot
Dropper to death from behind. The
jury compromised on second degree
murder and all the court could give
the guntnan was twenty years What
the court said to the jury, neverthe-
less, made up in some part for his
inability to send Cohen up the river
TO be burned" Lawyers and court
delays have stood much of the blame
for crime waves, but ii would seem
now that crazy and unexpected Jury
verdicts will have to be considered
as q new and very important factor.