Evening star., 1933-10-14

proved by the people," he continued.
You have q people minded to sympa-
thi1e with the offender. A verdict Of
not guilty elicits no permanent dis
praise, but may result in praise for the
lawyer who brought it about"
For this reason. Judge Kavanagh
said, the criminals principal ally Is the
people The first task to be accom-
plshed in the campaign against law
lessness, he pointed out. Is Ito make
the American citizen angry at the COM
mission of a crime"
The speaker also attacked the mod
ern penal system, asserting that III
some States the prisons are lust big
club houses
II visite done not long since" he re-
lated, and found the food to be Of the
kind and quality one would expect il
the best hotels. I saw the prisoners
sitting in groups, some playing cards
others playing dominoes."
There were about l 400 prisoners In
the institution, he said and $50 radios
were distributed among them. Such
places of incarceration are so pleasant.
he added, that many prisoners, after
they are freed, look back with regret
on their comfortable life in Jail.
What the prisons need. according to
Judge Kavanagh, who is "a and has
been on the bench "a years. is thor
ough overhauling removal OF
the wardens. whom he described as
'faddists" Punishment involving phy-
sical pain is the greatest deterrent. he
said. and, for this reason. f1ogging Is
justified. A short time before, the hrst
of the conferences committees to
submit q report had recommended flog-
ging for those convicted OF more seri-
Gus crimes
Police Politics Scored.
Police forces in various cities also
need reorganization, he declared. add
ing: "A country is in poor shape to
defend itself against the enemy when
it has. in time Of war, . force that is
outnumbered by the enemy-a force
inefficient. and a considerable part Of
it in traitorous communication with
the foe"
About the best thing that could be
done to help restore police efficiency,
he suggested. is ito divorce 1t COM
pletely from politics
Rules OF criminal procedure also
came in for severe criticism by the
judge, who described the case of
murderer who was acquitted because his
attorney was "too clever" to let him
leSllly Ou IllS OWu bclidll.
If the slayer had been compelled to
take the stand. Judge Kavanagh
pointed out. the prosecutor would have
questioned him regarding his criminal
record, bringing out the fact he had
served penitentiary sentences before.
The prosecutor also would have wanted
to know why the killer was carrying q
gun at the time of the shooting, the
jurist said.
"A lot of questions like that might
be asked" he continued, "but our law
is too merciful to require q murderer
to tell what he knows. And, mind you,
it is the foolish. absurd law Of nearly
ever~ State-that if the judge, by acci-
dent, should mention that the man who,
above all men could explain and give
defense If there were defense. had not
dared to 60 on the stand, if the prose-
cutting attorney should. by accident,
allude to this, the defendant would get
a new trial"
Prof. Frank L. Sampson Of the Boston
University Law School, spoke in defense
of criminal lawyers, some of whom had
been severely criticized at earlier ses-
sions. As chairman of : his States
Special Crime Commission, he declared
he recently made a three month study
and found the entire law enforcement
system inadequate Corruption Is wide-
spread among police officials, prosecut-
ing attorneys and judges, he asserted.
and the general feeling is that any
thing can be fixed"
Education Plea Made.
The only other speaker was Miss Bes-
sic Locke. executive secretary Of the
National kindergarten Association, who
pleaded for early training of children, as
q crime preventive. Mrs. Oliver Harri.
man of New York, vice chairman of
the National Council of '76, which. with
the United States Flag Association, ar
. ranged the conference, presided.
Speakers at the afternoon and morn
ing sessions were Senator Copeland of
New York, chairman Of the Senate com
mittee investigating racketeering: Rep
resentative Summers of Texas, Chairman
Of the House Judiciary Committee: Rev
DR.. Edmund A. Walsh. vice president of
Georgetown University, and Clarence
e. Martin, Martinsburg, w, Va. past
president Of the American Bar Asso-
ciat,on.