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
The discovery and proper proof of minute facts which tend to
demonstrate the guilt of an accused are the joy of the natural
prosecutor, and he may in his enthusiasm spend many thousands of
dollars on what seems, and often is, an immaterial matter. Youthful
officials intrusted with the preparation of important cases often
become unduly excited and forget that the taxpayers are paying the
bills. The writer remembers sitting beside one of these enthusiasts
during a celebrated trial. A certain woman witness had incidentally
testified to a remote meeting with the deceased at which a certain
other woman was alleged to have been present. The matter did not seem
of much interest or importance, but the youth in question seized a
yellow pad and excitedly wrote in blue pencil, “Find Birdie” (the other
lady) “_at any cost_!” This he handed to a detective, who hastened
importantly away. Let us hope that “Birdie” was found speedily and in
an inexpensive manner.
When the case against Albert T. Patrick, later convicted of the murder
of the aged William M. Rice, was in course of preparation it was found
desirable to show that Patrick had called up his accomplice on the
telephone upon the night of the murder. Accordingly, the telephone
company was compelled to examine several hundred thousand telephone
slips to determine whether or not this had actually occurred. While the
fact was established in the affirmative, the company now destroys its
slips in order not to have to repeat the performance a second time.
Likewise, in the preparation of the Molineux case it became important
to demonstrate that the accused had sent a letter under an assumed
name ordering certain remedies. As a result, one of the employees of
the patent-medicine company spent several months going over their old
mail orders and comparing them with a certain sample, until at last the
letter was unearthed. Of course, the district attorney had to pay for
it, and it was probably worth what it cost to the prosecution, although
Molineux’s conviction was reversed by the Court of Appeals and he was
acquitted upon his second trial.
The danger is, however, that a prosecutor who has an unlimited amount
of money at his disposal may be led into expenditures which are
hardly justified simply because he thinks they may help to secure a
conviction. Nothing is easier than to waste money in this fashion, and
public officials sometimes spend the county’s money with considerably
more freedom than they would their own under similar circumstances.
The legitimate expenses connected with the preparation of every
important case are naturally large. For example, diagrams must be
prepared, photographs taken of the place of the crime, witnesses
compensated for their time and their expenses paid, and, most important
of all, competent experts must be engaged. This leads us to an
interesting aspect of the modern jury trial.
Public-domain text, read in full here on John Shaqi.
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