CHAPTER I

Produced by ellinora, Graeme Mackreth and the Online

Distributed Proofreading Team at http://www.pgdp.net (This

file was produced from images generously made available

by The Internet Archive/American Libraries.)

THE PRISONER AT THE BAR

BOOKS BY ARTHUR TRAIN

THE PRISONER AT

THE BAR

SIDELIGHTS ON THE ADMINISTRATION

OF CRIMINAL JUSTICE

BY

ARTHUR TRAIN

Assistant District Attorney, New York County

SECOND EDITION

REVISED AND ENLARGED

NEW YORK

CHARLES SCRIBNER'S SONS

1915

Copyright, 1906, 1908, by

CHARLES SCRIBNER'S SONS

[Illustration]

To

ETHEL KISSAM TRAIN

PREFACE TO THE SECOND EDITION

The favorable reception accorded to the "Prisoner at the Bar," not

only in the United States but in England, and the fact that it has

won a place in several colleges and law schools as a reference book,

and in some instances as a sort of elementary text-book upon criminal

procedure, have resulted in a demand for a new edition. When the book

was written the author's sole intention was to present in readable form

a popular account of the administration of criminal justice. Upon its

publication he discovered to his surprise that it was the only book of

its exact character in the English language or perhaps in any other.

Reviewers pointed out that whereas there were annotated text-books

of criminal procedure and isolated articles on special topics, most

of them relating to the jury system, there was in existence no other

sketch of criminal justice as a whole, from arrest to conviction, based

upon either actual experience or hearsay.

This new edition has been indexed and is supplied with cross-references

to other works on allied subjects. A chapter has been added upon

"Insanity and the Law," and such statistics as the book contains have

been brought down to date. It is satisfactory to add that these show a

greatly increased efficiency in the jury system in criminal cases in

New York County, and that the tabulations of an eight years' experience

as a prosecutor only serve to confirm the conclusions set forth in the

first edition.

The author desires to express his thanks to Prof. John H. Wigmore, of

the Northwestern University Law School, for his many kind suggestions

and flattering references to this book in his masterly work upon the

law of evidence; to Augustin Derby, Esq., of the New York bar, who

most unselfishly gave much time to the examination of references, and

voluntarily undertook the ungrateful task of compiling the index; and

to those many others who, by comment or appreciation, have made a

second edition necessary.

_Bar Harbor, Me._,

Sept. 1, 1908.

PREFACE TO THE FIRST EDITION

The prisoner at the bar is a figure little known to most of us. The

newspapers keep us steadily informed as to the doings of all sorts of

criminals up to the time of their capture, and prison literature is

abundant, but just how the criminal becomes a convict is not a matter

of common knowledge. This, however, does not prevent the ordinary

citizen from expressing pronounced and, frequently, vociferous opinions

upon our methods of administering criminal justice, in the same way

that he stands ready at any time to criticise the Darwinian theory,

free trade or foreign missions. Full knowledge of any subject is

inevitably an impediment to forcible asseveration. Generalities are

easy to formulate and difficult to disprove. The man who sits with his

feet up and his chair tilted back in the "drummer's" hotel will inform

you that there is no such thing as criminal justice and that the whole

judiciary, state and federal, is "owned" or can be bought; you yourself

doubtless believe that the jury system is a failure and successfully

evade service upon it; while your neighbor is firmly convinced that

prosecutors secure their positions by reason of their similarity to

bloodhounds and retain them by virtue of the same token.

The only information available to most people on this exceedingly

important subject is that offered by the press, and the press (save

in the case of sensational murder trials) usually confines itself

to dramatic accounts of the arrest of the more picturesque sort of

criminals, with lurid descriptions of their offences. The report or

"story" concludes with the statement that "Detective-Sergeant Smith

immediately arraigned his prisoner (Robinson) before Magistrate Jones,

who committed the latter to jail and adjourned the hearing until the

following Tuesday." This ends the matter, and the grewsome or ingenious

details of the crime having been served up to satisfy the public

appetite, and the offender having been locked up, there is nothing,

from the reporters' point of view, any longer in the story. We never

hear of Robinson again unless he happens to be the president of a

bank or a degenerate millionaire. He is "disposed of," as they say in

the criminal reports, without exciting anybody's interest, and his

conviction or acquittal is not attended by newspaper comment.

If on the other hand the case be one of sensational interest we are

treated daily to long histories of the defendant and his family,

illustrated by grotesque reproductions from the ancestral photograph

album. We become familiar with what he eats and drinks, the number of

cigars he smokes and his favorite actor and author. The case consumes

months in preparation and its trial occupies weeks. A battalion of

"special" talesmen marches to the court house,--"the standing army of

the gibbet," as one of my professional brethren (on the other side of

the bar) calls them. As each of the twelve is chosen his physiognomy

appears on the front page of an evening edition, a tear dropping from

his eye or his jaws locked in grim determination, in accordance with

the sentiments of the editor or the policy of the owner. Then follows

a pictorial procession of witnesses. The prosecutor makes a full-page

address to the public in the centre of which appears his portrait,

heroic size, arm sawing the air.

"I am innocent!" cries a purple defendant, in green letters.

"Murderer!" hisses a magenta prosecutor, in characters of vermilion.

Finally the whole performance comes to an end without anybody having

much of an idea of what has actually taken place, and leaving on the

public mind an entirely false and distorted conception of what a

criminal trial is like.

The object of this book is to correct the very general erroneous

impression as to certain phases of criminal justice, and to give a

concrete idea of its actual administration in large cities in ordinary

cases,--cases quite as important to the defendants and to the public as

those which attract widespread attention.

The millionaire embezzler and the pickpocket are tried before the same

judge and the same jury, and the same system suffices to determine the

guilt or innocence of the boy who has broken into a cigar store and

the actress who has murdered her lover. It is in crowded cities, like

New York, containing an excessive foreign-born population, that the

system meets with its severest test, and if tried and not found wanting

under these conditions it can fairly be said to have demonstrated its

practical efficiency and stability. Has the jury system broken down?

Are prosecutors habitually vindictive and over-zealous? It is the hope

of the writer that the chapters which follow may afford some data to

assist the reader in formulating an intelligent opinion upon these

and kindred subjects. It is needless to say that no attempt is made

to discuss police corruption, the increase or decrease of crime, or

penology in general, and the writer has confined himself strictly to

that period of the criminals' history described in the title as "AT THE

BAR."

To my official chief, William Travers Jerome, and to my associates,

Charles Cooper Nott, Charles Albert Perkins, and Nathan A. Smyth, I

desire to acknowledge my gratitude for their advice and assistance;

to my friend, Leonard E. Opdycke, who suggested the collection and

correlating of these chapters, I wish to express my thanks for his

constant interest and encouragement; but my debt to these is naught

compared to that which I owe to her to whom this book is dedicated,

who, with unsparing pains, has read, re-read and revised these chapters

in manuscript, galley and page and who has united the functions of

critic, censor and collaborator with a patience, good humor, and

discretion which make writing a joy and proof-reading a vacation.

Arthur Train.

_Bar Harbor, Me._,

Sept. 1, 1906.

CONTENTS

PAGE

Introduction. By Prof. John H. Wigmore xvii

CHAPTER I

What Is Crime? 1

The Prisoner at the Bar: Sidelights on the Administration of Criminal Justice · 第 1 / 23 章