Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-12-20
BY WILLIS j. BALLINGER.

popping.
The whole Nation is talking
about the rising tide of crime
I went. therefore, to talk OF
the matter with a man who. as a
Judge, had dealt with the stern prob
lens of justice and who now. as head
of the American Red Cross, is dealing
with the gentler art of mercy. That
man is Judge John Barton Payne.
While everybody is talking about
our national crime orgy few realize
how serious it really is. Here are
some facts about the problem !
brought TO Judge Payne.
In the last II years 1856 900 people
have been murdered in the United
States: in the last 40 over PA 900 have
similarly persisted. Our own Civil War,
the titan struggle of the nineteenth
century, took only 1S2 ,4S3 lives.
In the last year II people have been
burned at the stake in the greatest
democracy of the world; 81 people III
the same year lynChed. IS colored and
white men.
girls have been lynched III America,
the land of the free and the home OF
the brave. OF this number Il were
white women and girls.
In Chicago. the worlds greatest
crime hatchery. gunner have taken
one life a day for the current wear.
Last year noNeNei. e'iiobitlSt
to only $40 murdered.
From l911-l92l murders in the
United Sattes for every 100000 peo-
pie have been nine times greater than
those of England. Sc times greater
than the model republic of SwltZer-
land. and twice as great as those of
Italy. the home Of the vendetta and
feud.
No One Safe i'll L. ).
one eminent criminologist recently
remarked with justification: "A point
has been reached in our national life
when no one is safe anywhere and at
any time
The president o. the American Bar
Association. Chester Long, says that
criminal justice is miscarried and de-
layed because our criminal code is IN
need of reform,
Judge Payne. | asked. is our crim-
inal law too technical? Does 1t abet
the criminal because of its technical
rieso Is il too inefficient to cope with
the murderer and ASSASSIN! was
thinking of the many cases IN the past
Two wears where murderers have eS-
caped at the last moment from the
electric chair. l was thinking, also. OF
the many respectable persons mao
heard soundly criticize our crimlnal
courts and the law for these last MN
ute delays in justice.
Judge PAYNE. Secretary OF the IN.
terror under Woodrow Wilson. had
been a criminal judge in Chicago. l
was talking to a man who was emf
mont as a LAWYER and who had studied
the criminal both as defense couhSel
and as a Judge | found him PLAIN as
an old shoe. But an arlStrocratlc
strength of cha was evident III
lis every move. He had taken away
with him from the bench dignity OF
1ni> nf
ulcasinglv combined with a straight
forward and homely way of meeting
people. Here was his answer
Jpholds Present Law.
A. No, our criminal law IS NOT
outworn 1t is quite capable OF deal
ing with the criminal. Basicaliy it is
sound There are, OF course, minor
defects here and there. But on the
whole our present system of criminal
law is the only one that the American
people in my opinion will stand Tor
We have too many laws, but those
dealing with fundamental crimes OF
The kind that provokes this discussion
are fully adequate. and are essentially
the same in all the States.
O. But why is it that so many
criminals seem to slip through the
meshes of the law with impunltN.
4. There is much difference be-
tween law and law enforcement. Our
laws are all right. What we need Is
enforcement. We need commanding
personalities on the bench and com
petent iuries in the box. The enforce.
ment of the law is largely a matter OF
persons There is less crime IN Eng
land and more law enforcement be
cause as a rule English JurIes are
stronger personalities, and criminals
arc handled with dispatch and with
:.
fearless. intelligent as well as Just ana
considerable, there would be very little
discussion Of changing the laws III
uur criminal law is to be CRITICIZED II
j. on ground of lack of expedition OF
trials. The shorter the time between
he commission of a crime the detec-
non of the criminal and the trial and
passing of sentence, the more effec-
lively the CT iminal is deferred from
crime Judge with comma nding
personality can put the machinery OF
Justice on higher plane. lie can cut
off long-Winded speeches. He Will
.ain a reputation for the efficient han
Cling of criminals, who stand on their
technical rights. which viii speedily
convince them that ii would be better
to tell the truth. Prolonged trials give
the law a bad reputation and cause
PEOPLE TO believe that there is some
hing wrong with the law when. in
fact. the fault is with those who add
minister the law.
Judges Make Juries.
Q. You speak of competent juries.
I have read of not less than eight
cases myself within the last year
where judges have had to rebuke
iuries for failure to do their manifest
duty.
A. ] know of no recipe by which
men can be made over. My expert
ence, however. is that if the Judge is
rhe master of the situation in the
courtroom. and commands respect and
confidence. juries will do their duty.
not only willingly but even zealously.
When | was a Judge ! used to convene
every jury, as impaneled. and talk TO
them of their duties and explain to
them the simple principles OF the law
and impress upon them the necessity
for doing their DUTY and the solemnity
IF their responsibility. \ court should
he conducted with simple dignity. For
the judge TO engage in cheap sallles
with court officers or permit law
yers to be disrespectful. weakens the
iury's sense of responsibility. Strong
Judges make strong juries.
Q. WHY is the criminal law under
slIch unusually heavy fire today? OF
t-,urse, the toll in crime is the para
mount cause but ] have heard a great
deal of unrea sonable criticism.
A. There is one aspect of our Grim
inal law which is often lost sight Of
NV those who are quickest to cast
slur on It, Under our system of law
A man is presumed innocent until
nr,oven heyoud a reasonable doubt to