Evening star., 1926-09-10

M
JOAB BANTON.
tricks of lawyers, the resort to dila-
tory motions of various kinds. and
other evasions designed to defeat
speedy justice. In discussing this,
Supreme Court Justice Stephen Cal
laghan Of Brooklyn recently said:
MANY causes have been assigned
for the present condition, which is
wrongfully called a crime wave but
let me suggest to you that the re
sourceful criminal cares little OF moth
ing about the attempts OF the Legls-
lature to make his lot Il hard one,
as long as he knows that ne has at
his beck and call host Of men adj
mitted to the bar, ready and willing
to undertake the burden OF his defense
should he be caught, and anxious to
assist him by devious ways or subter-
ranean methods to beat the case"
Twenty seven Delays in Trial.
From officials qualified to supply
such information the writer has OBJ
tanned many illuminating examples
regarding the methods employed by
shifty criminal lawyers to delay the
trials Of their clients. The case Of
one Burns is most instructive in this
respect.
Burns was indicted for fraud nearly
seven years ago. His case, which
was sent to General Sessions, was
postponed 27 times before it came
to trial. When Burns finally faced
the jury he departed with a sentence
that took him to Sing Sing.
ic NOT uIIjto claay whV the RnrnS
case was put off so frequently. His
lawyer was mot ready" or was
away" or 'had some other case" ="
Burns himself was 'in the hospital
three or four times. The assistant
district attorney in charge of the case
was not available when Burns lawyer
and Burns himself We're ready. Then
a couple of the witnesses whose testi-
mony was needed could not be found,
etc, etc.
The case Of yellow Charleston,
Harlem negro gambler who shot an
other colored sportsman named Viii
kins, is not without interest in this
connection. Charleston was tried,
found guilty and sentenced to die in
the electric chair. He was supposed
to be an important man in the colored
belt Of Harlem.
Execution Deferred Until Election.
Two weeks before the date set for
CharleSton's execution, District AttOr-
ney Banton and Gov. Smith were
prevailed on by Charleston's friends
to recommend and grant a repriece
for two weeks. The reason urged
was that new witnesses hid been
found. Two days after the primaries
awarded the decision to Mayor Wal
Mr. IJv1on who had pl1ffi-
waited the colofed vote, Charleston
was executed. What the missing
witness" knew was never revealed.
The case of a notorious confidence
man named Tierney is still cited as
an example of adroitness in lodging
the consequences Of q criminal act.
Tierney's case had been put off nine
times, despite the efforts Of the as
sistant district attorney in charge to
bring it to book. Tierney's lawyers
produced doctors certificates to show
Tierney was sick. One day this as
sistant district attorney met Tlerney
at the race track. Tierney did not
recognize him.
How are you feeling" asked the
assistant district attorney.
Fine; l just whipsawed that last
race for good bet" replied Tierney.
Quick Rally In Health.
well, if that's the case you tell
your lawyer that I'm going to move
your trial Wednesday. I'm glad you
recovered" Tierney was ultimately
sent up the river
One of the crooked bucketshop
cases growing out Of the failure of
Fuller & MCGEE was put off week after
week for many reasons, more specious
than real Public criticism finally in
duced the district attorneys office to
ignore politics, and the man under in
dictment was tried, convicted and SEN
tenced for @ long term.
A case in Queens Borough is another
sample of the manner in which the
missing witness" device is employed
by resourceful criminal lawyers. In
vestigation finally revealed that the
missing witness had been induced
to take up voting residence in New
Jersey. He was finally cornered at
moving picture show in New York one
night, and the Queens crook was sent
to Jail after II postponements
Judge Mcintyre of the Court Of Gen
eral Sessions found an effective way
Of dealing with one artful criminal
dodger. The latters attorney always
had something else to do when the
arguing a case at the Supreme Court
in Washington or in the Court of Ap-
peals in Albany on the date set.
Bail Threat Effective.
Judge Mcintyre finally gave notice
that if the lawyer in question did not
produce his client on q certain date the
bail bond would be forfeited and the
offender locked up in the Tombs. The
trail was held per schedule after that,
and the crook-was sent up to Auburn
TO learn q useful trade.
Missing witnesses" have probably
been responsible for the quashing OF
more indictments than any other sin
gle factor. One Wall street bucket
shop case was held up for "a months,
pending the result of efforts made by
the district attorney to find a very
much wanted man. Failure to locate
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