want of uniformity in sentences, 189, 199
interference with judges in sentences, 191
matters presented to, in determination of sentence, 192, 193
restitution considered by, in sentencing, 195
reasons for leniency, 195, 196
fear of reversal, 196

Judge, impression that judge is easy-going or subject to influence conduces to lawlessness, 197
judicial propriety desirable, 198
sometimes gives benefit of reasonable doubt after conviction, 199, 200
inequality in punishment, 200-202
no place for weak judge, 204
when a law-breaker, 210
responsibility of, in sentencing, 261, 272

Judgment, arrest of, 269

Jury, Grand (Chapter VI)
power to hold for, by magistrate, 47
indict as matter of course, 56
indictment must precede trial for felony, 81
composition of, 81, 82
finding true bill by, 82
is archaic, 82
procedure by information in states where there is no grand jury, 82
first record of Grand Jury proceeding in New York, 82, 83
number of persons held for, in last six years, 85
how chosen, 86
charged by judge, 87
calendar of, prepared by district attorney, 87
nature of proceedings before, 90
may send for witnesses, 91
relieves district attorney of responsibility for failure to prosecute, 91
historical development of, (footnote) 92-95
irregularities before, 93
power as general inquisitorial body, 93, 94
power of, vast, 94
tendency to exceed powers, 95, 96
presentment by (see Presentment), 96, 97
why not abolish? 99
original necessity for, has disappeared, 98, 99
one purpose only for which it should be continued, 98, 101
original advantage of, 99
out of harmony with present institutions, 99
few cases originate before, 100
abolished in certain states, 100
subpœnas to appear before 115
description of proceeding before, 116-118
delay before, 119
indict for "murder" in most homicide cases, 174

Jury, Petit (Chapter XI), trial before, after indictment, 56
disinclination of, to convict, 57
find it difficult not to be prejudiced by defendant's failure to testify, 160, 161
improves with service, 169
see little of professional criminals, 148, 169
inclined to take law in its own hands in trivial cases, 171, 172
inclined to convict on substantial evidence in serious cases, 172
petty offender profits by lawlessness of, 172
why efficient in criminal cases, 172
when at its best, 173
apt to acquit early in term, 173
percentage of convictions to acquittals by, 175, 176
function of, 205
capacity of, 205
apt to usurp functions of judge, 206
English jury more satisfactory, 206
have little regard for law here, 207, 208
inaccuracy of verdicts by, 209
reason for arbitrariness on part of, 209
attitude of, toward different crimes, 211, 212
have small regard for life, 209, 213
time require to select, in homicide case, 215
futility of wasting time in selection of, 215
some examination of, imperative, 216
method of escaping service on, 217
often contains officious members, 219
desirability of homogeneity in, 219, 220
eleven jurors should find verdict, 221, 222
favors defendant, 222
practically successful, 223
first member of, selected is foreman, 243
take time before returning verdict, 253
deliberations of secret, 254
failure in duty by, 255
the influence of one strong-minded member upon, 255, 256
effect on, of women's evidence, 293
effect of appeals to sympathy, 322
disregard the law in applying test of criminal responsibility, 360-366

Jury system, works best in criminal cases, 192
a practical success, 223
works "substantial justice," 223
brought in contempt by sentimental or lawless acquittal, 343, 344

Jurisdiction, of magistrate, 47
of courts tested by habeas corpus, 43, 47


Larceny, magistrate compelled to hold defendant for higher court in all cases of, 48
summary jurisdiction of magistrate should be extended to petit larceny, 48
now frequently treated in police courts as disorderly conduct, 49
form of indictment for, 88
grand, value necessary to constitute, 102

Lawyers, retained to advise prospective criminals, 10
seek to postpone rather than hasten trials, 152
business of, to create reasonable doubt, 304
(See Shysters)

Legal Aid Society, 77

"Legal" insanity, 354, 360-366

Levy, Abraham, 323

Lincoln, Abraham, advice of, 326

Liquor Tax cases, the bane of Special Sessions, 69
few convictions for violation of (see note), 210
juries reluctant to convict in, 70, 209, 210

Livingston, case of, 13


Magistrates, broad power of, 43, 48
committment by, 45
how regarded by humble classes, 46
number of cases disposed of yearly by, 46
jurisdiction of, 46, 47, 48
power to hold for higher court of, 47, 85
jurisdiction of, should be extended over petit larceny and simple assault, 48, 49, 57
jurisdiction of, over breach of peace, 49
tendency of, to hold for higher courts rather than spend time for examination, 56
power of, for good, 58
close contact of, with police, 58
appointment of, generally political, 59
(See Police Courts)

Mala prohibita, as distinguished from mala in se, 6
illustrations of, 10

Manhattan Bank, case of, 254

Mayhem, crime of, 316

McCord, People vs., case of, 12

McNaughten's case, 353
doctrine of, 354
"Medical" insanity and "legal" insanity, 354, 365

Miller and "The Franklin Syndicate," 26

Misdemeanors (Chapter V), may be morally worse than felonies, 6
illustrations of what are, in New York state, 10
distinction between, and felony often without merit, 30
tried in Special Sessions, 85
(See Special Sessions)

Mock Duck, case of, 218, 318, 319

Moran, trial of, 216

Morse-Dodge divorce case, 320, 322

Motions, for delay in proceedings, 316, 317


New trial, motion for, at sentence, 276

"Not proven," inadvisability of a verdict of, 244, 245

Nott, Charles C., "In the District Attorney's Office," 155
cases cited by 162, 166
quoted on defendant's failure to testify, 163


Oath, in police court, 112
before Grand Jury, 118

Omissions, usually not crimes, 10
illustrations of, 10

Osborne, James W., 328


Parker, Mabel, case of, 330

Parole. See Suspended Sentence

Patterson, Nan, case of, 299, 301, 335

Pedigree, taking of, 155, 248, 252

Perjury, crime of, 224, 225
large amount of, among defendants' witnesses, 225
false answer in taking pedigree is perjury, 251
women more ready to commit, than men, 285
in defendant's own testimony, 311

Plea, in Court of Special Sessions, 63, 120
in abatement, 92
of "guilty," "not guilty," and "autrefois acquit," 92
withdrawal of, 155
benefit of clergy, 266-269
of "insanity" should be compulsory, where defense is anticipated, 373

Police Courts (Chapter IV). See Magistrates
right of arrested to immediate hearing in, 43, 85
right to counsel in, 43
attitude in, toward defendants, 44
description of, 44, 109
harsh treatment in, 45
proportion of cases there disposed of summarily, 45
great importance of, 45
a day's work in, 50, 56
proceedings in, 110, 111
delay in, 113

Police headquarters, described, 32

Police judge. See Magistrate

Police officers, great awe of persons in general for, 31
right to arrest (see Arrest)
contact with magistrate, 58
assault on, 70
the police sergeant, 107

Police station, proceeding in, 107

"Policy," business of, 319
(See Al. Adams)

Polling, of jury, 247

"Poor Man's Court of Appeals, The." See Police Courts.

Prescott, quoted on integrity of judges among Aztecs, 198

Presentments, by Grand Jury, 96
often unnecessary and frivolous, 97, 98

Press, sensational press fosters crime, 334, 338
domination of court room by, 347
trial by, 347, 348

Property clerk, at police headquarters, 132, 134, 137, 138, 146, 147
at district attorney's office, 134

Prosecutor, effect of experience on, 4
often protects accused from shysters, 78
delicate position of, when informed of facts inadmissible in evidence, 166
allowed small latitude, 337
(See District Attorney)

Punishment, unfair apportionment of, under the law, 26
once a matter of private vengeance, 32
now for protection of public safety, 32
desire for punishment of accused still moving cause of most prosecutions, 32
imposed by magistrate, 47
inequality in, the exception, 200
(See Sentences)

Purdy, Ambrose H., 324


Questions of House of Lords to English Judges after McNaughten's case, 354


Reasonable doubt, definition of, 160
giving benefit of, after conviction, 199, 200
difficulty in finding guilt beyond, 244, 245
defendant entitled to benefit of, 304
certificate of, 346

Recognizance, form of (see Bail), 127

Recommendation, cases dismissed on, of district attorney, without trial, 170
ground of, 170, 171
to mercy by jury, 245
to mercy usually considered by jurors as part of verdict, 245
to mercy, facilitates agreement, 246

"Red Tape" (Chapter VIII), at police headquarters, 137, 138, 144, 147
at district attorney's office, 140, 143
(See Delays)

Requests, to charge, 339

Reversals of convictions, effect on community of, 198
number of, on appeal, 339, 340
rare on technical grounds in New York state, 339
usually fault of trial judge, 340

"Ringers," 318-320

"Runners," methods of, 73, 75


Scannell, John J., case of, 92

Schorling, J. Holt, quoted, table of increase and decrease in specific crimes, 20

Sentences (Chapter XIV), want of uniformity in, 189, 199
judges too lenient in, 187, 195
matters considered by judge in imposing, 192, 195
impossible to secure equality in, 200, 202
table showing sentences for different crimes, 201, 202
might be imposed by judges en banc, 203
for perjury, heavy, 224
jury would be more severe in, than judge, 245
for murder fixed by law, 261
great responsibility of judge in matter of, 261
to life imprisonment, 264
of death in all felony cases, formerly, 265

Sentences, motions to arrest judgment, 269, 270
appeal for clemency before, 271, 272
little mercy to old offenders in, 272
(See Indeterminate Sentences)
remarks of judge at time of, 274, 275
lightness of, 275
advantages of short sentences, 275

"Shysters," methods of, 58, 74-80, 122, 327
(See Tricks of the trade)

"Sick engineers," 14, 170
never plead guilty, 170

Special panel, 173

Special Sessions, Court of (see Misdemeanors), information in, 48
power to try petit larceny cases, 48
old court of, 62
present composition of, 62
number of cases disposed of in, 62, 63
procedure in bringing cases before, 63
speedy trial in, 63
jurisdiction of, 64, 65
rapidity of procedure in, 65, 66
Liquor tax cases in, 69
attitude of, toward assaults on police officers, 70
practically final court of disposition for misdemeanor, 71
important cases often tried therein, 71
efficiency of, 62, 72
lawyers in, 72, 73
menace of "shysters" in Special Sessions and police courts, 79, 80

Statutes, multiplicity of, undesirable 12
"to prevent blindness," 15
punishing contempt, 348

Stay, of proceedings, 317

Stolen property, recovery of, by owner. See Red Tape
innocently receiving, 329

Street walkers, 75, 76, 77

Subpœnas, served by district attorney for Grand Jury, 87

Summerfield, "Larry," 14, 26, 27

Sweetser, William A., 321

Supreme Court, Criminal Term, tries most of homicide cases, 174

Suspended sentences, in large number of cases against first offenders, 195, 261


Technicalities, reversal on technical grounds, 339, 340

Technicalities, means to abolish, 347

Test of criminal responsibility, 353
proposed new tests, 360-368

Thayer, J.B., on historical development of Grand Jury (footnote), 92, 95
cited, 221, 301

Thaw, case of H.K., 350, 370

"Tombs," The, 115

Tricks of the Trade (Chapter XVI), of the successful practitioner, 303
bolder than in civil courts, 304
inducing complainant to withdraw charge, 309, 310
securing adjournments, 310
persuading court that case is trivial, 310
obtaining immediate hearing to find out People's evidence, 311
waiving examination to conceal defendant's case, 311
which are utilized after magistrate has held accused, 314
securing permission for defendant to appear before Grand Jury, 314
securing delay in trial, 314
introducing "ringers" in place of real defendant, 318-320
attempt to have witnesses identify dummies, 321, 322
appeals to sympathy of jury, 305, 307, 322
offer to "take first twelve" jurors, 323
obtaining one favorable juror, 323
getting members of same race as defendant on jury, 324
gaining good will of jury by chance remark, 325
defendant's counsel intentionally appearing intoxicated, 325
supplying missing evidence in counsel's opening or closing, 326, 328
getting one of two defendants to take entire blame, 328, 332
most of them unsuccessful, 333

True bill. See Indictment

Twitchell, case of, 282, 283


Verdicts (Chapter XIII), lack of accuracy in, 209
arbitrariness of, 209
form of, 243
procedure in rendering, 244
difficulty in reaching, 244, 245
of murder in first degree rare, 246
how received by defendants, 246, 247
slowness in reaching, 253

Verdicts, in Manhattan Bank case, 255