Courts, Criminals and the CamorraTrain, Arthur Cheney
History
Courts, Criminals and the Camorra
Train, Arthur Cheney
Camorra; Criminals -- United States; Justice, Administration of -- United States
Where this last plea is interposed it is usually made at once upon the
arrest, the accused explaining to the police that he fired only to
save his own life. In such a situation, where the killing is admitted,
practically the entire preparation will centre upon the most minute
tests to determine whether or not the shot was fired as the accused
claims that it was. The writer can recall at least a dozen cases in his
own experience where the story of the defendant, that the revolver was
discharged in a hand-to-hand struggle, was conclusively disproved by
experimenting with the weapon before the trial. There was one homicide
in which a bullet perforated a felt cap and penetrated the forehead
of the deceased. The defendant asserted that he was within three feet
of his victim when he fired, and that the other was about to strike
him with a bludgeon. A quantity of felt, of weight similar to that of
the cap, was procured and the revolver discharged at it from varying
distances. A microscopic examination showed that certain discolorations
around the bullet-hole (claimed by the defence to be burns made by
the powder) were, in fact, grease marks and that the shot must have
been fired from a distance of about fifteen feet. The defendant was
convicted on his own story, supplemented by the evidence of the witness
who made the tests.
The most obvious and first requirement is, as has been said, to find
the direct witnesses to the facts surrounding the crime, commit their
statements under oath to writing, so that they cannot later be denied
or evaded, and make sure that these witnesses will not only hold no
intercourse with the other side, but will be on hand when wanted. This
last is not always an easy task, and various expedients often have
to be resorted to, such as placing hostile witnesses under police
surveillance, or in some cases in “houses of detention,” and hiding
others in out-of-the-way places, or supplying them with a bodyguard
if violence is to be anticipated. When the proper time comes the
favorable witnesses must be duly drilled or coached, which does not
imply anything improper, but means merely that they must be instructed
how to deliver their testimony, what answers are expected to certain
questions, and what facts it is intended to elicit from them. Witnesses
are often offended and run amuck because they are not given a chance
upon the stand to tell the story of their lives. This must be guarded
against and steps taken to have their statements given in such a way
that they are audible and intelligible. A few lessons in elementary
elocution are generally vitally necessary. The man with the bassoon
voice must be tamed, and the birdlike old lady made to chirp more
loudly. But all this is the self-evident preparation which must take
place in every case, and while highly important is of far less interest
than the development of the circumstantial evidence which is the next
consideration of the district attorney.
Public-domain text, read in full here on John Shaqi.
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