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
For example, the acquittal of Thaw _upon the ground of insanity_ is
usually spoken of as an illustration of sentimentality on the part
of jurymen, and of their willingness to be swayed by their emotions
where a woman is involved. But few clearer cases of insanity have
been established in a court of justice. The district attorney’s _own
experts_ had pronounced the defendant a hopeless paranoiac; the
prosecutor had, at a previous trial, openly declared the same to be
his own opinion; and the evidence was convincing. At the time it was
rendered, the verdict was accepted as a foregone conclusion. To-day the
case is commonly cited as proof of the gullibility of juries and of the
impossibility of convicting a rich man of a crime.
There will always be some persons who think that every defendant should
be convicted and feel aggrieved if he is turned out by the jury. Yet
they entirely forget, in their displeasure at the acquittal of a man
whom they instinctively “_know_” to be guilty, that the jury probably
had exactly the same impression, but were obliged under their oaths to
acquit because of an insufficiency of evidence.
An excellent illustration of such a case is that of Nan Patterson. She
is commonly supposed to have attended, upon the night of her acquittal,
a banquet at which one of her lawyers toasted her as “the guilty girl
who beat the case.” Whether she was guilty or not, there is a general
and well-founded impression that she murdered Cæsar Young. Yet the
writer, who was present throughout the trial, felt at the conclusion of
the case that there was a fairly reasonable doubt of her guilt. Even
so, the jury disagreed, although the case is usually referred to as an
acquittal and a monument to the sentimentality of juries.
The acquittal of Roland B. Molineux is also recalled as a case where
a man, previously proved guilty, managed to escape. The writer, who
was then an assistant district attorney, made a careful study of the
evidence at the time, and feels confident that the great majority of
the legal profession would agree with him in the opinion that the
Court of Appeals had no choice but to reverse the defendant’s first
conviction on account of the most prejudicial error committed at the
trial, and that the jury who acquitted him upon the second occasion had
equally no choice when the case was presented with a proper regard to
the rules of evidence and procedure. Indeed, on the second trial the
evidence pointed almost as convincingly toward another person as toward
the defendant.
I have mentioned the Patterson, Thaw, and Molineux trials because they
are cases commonly referred to in support of the general contention
that the jury system is a failure. But I am inclined to believe that
any single judge, bench of judges, or board of commissioners would have
reached the same result as the juries did in these instances.
Public-domain text, read in full here on John Shaqi.
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