FOOTNOTES:

[51] The questions propounded to the judges and their answers are here given:

Question 1.—"What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons, as, for instance, where, at the time of the commission of the alleged crime, the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?

Answer 1.—"Assuming that your lordships' inquiries are confined to those persons who labor under such partial delusions only, and are not in other respects insane, we are of opinion that, notwithstanding the accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit, he is, nevertheless, punishable, according to the nature of the crime committed, if he knew at the time of committing such crime that he was acting contrary to law, by which expression we understand your lordships to mean the law of the land.

Question 4.—"If a person under an insane delusion as to existing facts commits an offence in consequence thereof, is he thereby excused?

Answer 4.—"The answer must of course depend on the nature of the delusion; but, making the same assumption as we did before, namely, that he labors under such partial delusion only, and is not in other respects insane, we think he must be considered in the same situation as to responsibility as if the facts with respect to which the delusions exist were real. For example, if under the influence of his delusion he supposes another man to be in the act of attempting to take away his life, and kills the man, as he supposes in self-defence, he would be exempt from punishment. If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.

Question 2.—"What are the proper questions to be submitted to the jury when a person, afflicted with insane delusions respecting one or more particular subjects or persons, is charged with the commission of a crime (murder, for instance), and insanity is set up as a defence?

Question 3.—"In what terms ought the question to be left to the jury as to the prisoner's state of mind when the act was committed?

Answers 2 and 3.—"As these two questions appear to us to be more conveniently answered together, we submit our opinion to be that the jurors ought to be told, in all cases, that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that, to establish a defence on the ground of insanity it must be clearly proved that at the time of committing the act the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong." (The remainder of the answer goes on to discuss the usual way the question is put to the jury.)

[52] Dew vs. Clark.

[53] "General View of the Criminal Law," p. 80.

[54] See State vs. Richards, 1873, Conn.

[55] Another equally efficacious means of dealing with the matter would be to substitute, upon a defendant's plea of insanity, a full jury of experts—like any "special" jury—for the ordinary petit jury.

[INDEX]

Abatement, plea in, [96]
Acquittals, table of percentages of, [175], [176], [177]
of women, [299], [300]
danger of, by lawless jury, [340]-344
"on ground of insanity," meaning of, [352]
Adams, "Al," [319]
Alabama, test of criminal responsibility in, [368]
Alibi, use of perjured evidence to prove, [224], [225]
Ammon, Robert A., and "The Franklin Syndicate," [25], [26]
Appeal, from magistrate's decision, [47]
number of appeals so taken, [47]
no appeal by aggrieved person if magistrate discharges, [47]
few appeals from Special Sessions, [62]
unfortunate that prosecution cannot appeal on verdict of acquittal, [186], [337]
defendant has right of, [337]
reversals on, [339], [340]
Archer, Agnes, case of, [301]
Arrest (see Chapter III), right of citizen to arrest, despite common belief, [33]
right to, ordinarily left to police, [33]
anyone may arrest for crime committed in his presence, [35]
no one may arrest for felony without his view, unless felony committed, [35]
difference in citizen's and officer's right to arrest, [35], [37]
police construe their right to arrest more broadly than law permits, [35]
example of above, [36]
right of police to arrest at night under New York Criminal Code, [36]
force permissible in making arrest, [38]
cases in which the power may be abused, [38]
Arrest, power to arrest to be exercised with discrimination, [40], [41]
the first step in procedure toward conviction, [42]
after arrest prisoner taken before magistrate, [42]
on bench warrant if indicted by Grand Jury, [42]
on suspicion illegal but necessary, [43]
number of arrests in New York County in 1907, [46]
table showing nativity of those arrested, [46]
Arrest of judgment, motion for, [269]
Assault, power of magistrate should be extended to punish simple assault, [49]
Autrefois Acquit. See Pleas.
Bail, in case of misdemeanor may be assessed by sergeant on duty, [42]
right of accused to, except in case of murder, [85]
bail cases not tried in summer, [126]
forfeiture of, [127], [128]
recommendation for discharge of, [170]
"skipping" bail, [317]
Bauman, case of, [323]
Bench warrant, indicted and arrested under, [42]
Blindness, "An Act for the Prevention of," [15]
Branding, [266]-268, [278]
Breach of peace, [49]
"Bridge of Sighs," [115]
Capital punishment, no woman has suffered here in two decades, [299]
cases of, comparatively rare, [246]
Challenges, number of peremptory in homicide cases, [215]
reduction to reasonable number desirable, [325], [346]
in larceny cases, [346]
Cherry, "Tom," [73], [74]
Cignarale Chiara, case of, [299]
Clancy murder case, [325]
Code. See Statutes and Criminal Law
Cohalan, Daniel F., [216]
Commercial Crime. See Crime
Commission, to take testimony without state, [123]
application for, to take testimony for purpose of delay, [315]
right to take such testimony confined to defendant, [315]
motion for, [317]
to determine present mental condition of an accused, [369]-72
to determine mental condition at time of offense, [369]-76
desirability of such being permanent and salaried, [373], [374]
Commutation, of sentence for good behavior, [273]
how determined, [273]
periods of, (note) [273]
distinguished from indeterminate sentence, [274]
Complaints, in Court of Special Sessions, [63]
or informations, ancient form of, [89]
Confession, not sufficient to convict without corroboration, [330]
Contempt of court, practical inability of New York courts to punish editorial contempts, [347]
defined in Penal Code, [348]
Convictions, proof of prior, admitted for what purpose, [148], [166]
table showing percentages of, [175], [176]
too few, [177]
of innocent men almost unknown, [247], [336]
of women indicted, in same proportion as men, [299], [300]
County clerk, grand jurors drawn by, [358]
"County Detectives," [87]
Court officers as plea getters, [173]
Cowing, Rufus B., Judge, [255]
Crime, What is Crime? Chapter I, definition of, [1]
relation of, to wrongs, [1], [2], [3]
artificial character of laws defining, [4]
mala prohibita and mala in se, [6]
little significance in mere name of crimes, [6]
arbitrary nature of acts made crimes, [7]
relation of, to insanity, [22]
theory that crime is a disease overworked, [23]
criminal instinct in all, [23]
commercial crime favored by law, [24], [30], [223]
Crimes, definition of, limiting it to those who "make a living" thereby is inadequate, [28]
fundamental cause of, disrespect for law, [30], [334]
attitude of jury toward commercial crime, [210], [211]
What Fosters Crime? [Chapter XVII]
not on increase in proportion to growth of population, [334]
fostered by idea that criminal justice is slow and uncertain, [335], [336]
by constitutional safeguards, [335], [336]
by defects in our criminal law and procedure, [338]
by attitude of "yellow" press, [338]
by belief that higher courts reverse on technical grounds, [339]
by acquittal of guilty by sentimental juries, [340]-342
restraints on, [344]-346
fear of present criminal prosecution and punishment greatest restraint on, [344]-346
may be deliberate or the result of accident or impulse, [345]
Criminal Courts Building, description of, [115]
Criminal law, adapted especially to punishment of crimes of violence, [16]
impression of ordinary citizen concerning, [149], [335]
at present tends to retard and defeat justice, [336]
present state of, result of exaggerated regard for personal liberty, [336]
English system of, better than ours, [336]
leaves many technical avenues of escape, [338]
Criminal responsibility (see Insanity and the Law, [Chapter XVIII]), [350]
test of, [353]
unchanged since case of McNaughten, [353]
questions propounded by House of Lords to the judges, with their answers, [354]
delusions in the law of insanity, significance of, [355], [356]
doubtful interpretation to be given to words "wrong" and "know," [357]
Hadfield's case, [358]
Criminal responsibility, present New York test does not recognize any lack of inhibitory capacity, [359]
test is imperfect, inadequate, and vague, [357], [359]
difficult of application, [357]
juries disregard it except in extreme cases, [360]-366
expert testimony in insanity cases discounted by jury, [360], [361]
requirements of proposed new tests, [366]-368
Alabama test, [368]
the "defense" of insanity often confused with claim of present insanity, [369]
present insanity determined by commission, [369]-376
mental condition at time of crime should be likewise determined, [369]-376
defendant may refuse to permit examination, [370]
present ineffectuality of law in New York, [370]-376
could be easily remedied, [372]-374
plea of insanity should be made compulsory, [373]
defendants so pleading should be remanded for observation by permanent, salaried, expert commission, as in Germany and elsewhere, [373], [374]
probable unconstitutionality of other suggested remedies, [374]
Criminals, not necessarily worse than other people, [5], [9]
not usually criminal in all directions, [5]
generally specialists, [5]
intentional, as distinguished from accidental or occasional, [9]
as distinguished from sinners, [17]
Who are the Real Criminals? [Chapter II]
Charles D. Warner's definition of, [19]
traditional criminals few, [19]
the modern criminal, [20]
degenerate class of, exaggerated by continental writers, [21]
sentimentality concerning, over-done, [21], 23, [196]
majority of, not mentally defective, [22]
close relation between all, [22], [29]
why men are criminals, [24]
dishonest business men real criminals, [24], [25]
law at present favors business criminal, [25]
Criminals, professional criminals and degenerates form small proportion of law breakers, [29]
distinction between criminals and convicts, [42]
begin with petty infractions of law, [72]
professional criminals generally plead guilty, [148]
receive consideration for saving expense of trial, [148]
may obtain speedy trial if desired, [152]
weight given to prior conviction, [148]
Criminology, modern tendencies in, [17]
penological movements, first in direction of prison reform, [21]
and second in study of degeneracy, [22]
Cross-examination, use of, [231], [240]
impossible to cross-examine through interpreter, [239]
of women difficult, [291], [292]
Defendants, hostile attitude of courts to, in ancient times, [16]
present rights of, [16], [17]
presumed to be innocent, [44]
have right to counsel, [43]
sensations of, [45]
cannot be compelled to testify, [91], [326]
may move to dismiss indictment and thus retard trial, [91]
may easily obtain speedy trial, [152]
their own testimony generally convicts, [154]
rapid trial redounds to their benefit, [156]
if innocent need not fear to testify, [162]
majority of those failing to testify convicted, [163]
may defend themselves, [164]
often wise to rest on People's case, [164]
danger to, by perjury of one of their own witnesses, [164]
influenced to plead by result of prior cases, [174]
benefit by prosecutor's desire to dispose of case, [220]
favored by jury, [222]
description of, while waiting verdict, [241]
right to poll jury, [247]
when convicted rarely show emotion, [247], [248]
may present plea for clemency before sentence, [271]
latitude allowed, [337], [338]
(See Criminals.)
Degrees of crime, arbitrary character of, [8]
Delays, The Law's, Chapter VII
secured by motions based on irregularities before Grand Jury, [93]
delay the first, in the police court, [108]
delay the second, before the Grand Jury, [114]
delay the third, pleading, [119]
delay the fourth, in preparation of case for trial, [121]
delay the fifth, after case on calendar, before trial, [122]
delay the sixth, dilatory tactics of counsel for defense, [123]
delay the seventh, bail cases not tried in summer, [126]
delay the eighth, forfeiting recognizance, [126]
alienates support of citizens, [129]
defendant has everything to gain by delay, [314]
method of securing, [315], [316]
motions to secure, [316]
many penal statutes and procedure tend to retard and defeat justice, [336]
(See Red Tape, [Chapter VIII], [129].)
Delusions, significance of, in law of insanity, [355], [356]
Dementia præcox, [351]
Demurrer, [316]
Dinser, Gustav, case of, [289]
Disagreements, two equivalent to acquittal, [220]
large number of trials resulting in, [244]
Disorderly conduct, jurisdiction over, by magistrate, [49]
Dodge-Morse divorce case, [321], [322]
Donohue v. N.Y., N.H. & H.R.R., case of, [259]
Dummies, [318]-322
attempt to induce witness to identify, [321], [322]
most famous case of, [321]
District Attorney (see Prosecutor), power to act when magistrate discharges, [47], [48]
copies papers forwarded from magistrate and subpœnas witnesses for Grand Jury, [87]
prepares calendar for Grand Jury, [87]
draws indictments, [87]
preliminary examination of witnesses by, [117]
a quasi-judicial officer, [167], [168]
limitations placed upon, by laws of evidence and procedure, [165], [168]
District Attorney, should move defendant's discharge if convinced of innocence, [168]
has same latitude in summing up as defendant's attorney [168]
in presentation of case, People should have same rights as an individual, [168]
should win confidence of jury, [169]
function of, [304]
can rebut defense more easily where it has been exposed before magistrate, [312]
necessity of examination of jury by, [323]
Electric chair, jury send to, only in atrocious cases, [213]
Ellis, William H., case of, [315], [316]
Elmira, release from, [165]
sentence to, indeterminate, [165]
Evidence, character of defendant provable only when put in issue by himself, [161], [166]
defendant's right to give, himself, [161]-162
but no inference to be drawn from defendant's failure to testify, [160], [162]
rule permitting defendant to testify practically forces him to do so, [163]
good character of complainant and witnesses only provable on attack, [167]
amount of strictly accurate testimony very small, [225]
"refreshing recollection," in practice absurd, [235]
method of refreshing recollection, [235]
(See Witnesses)
Ex Parte, proceeding before Grand Jury is, [90], [99]
Felix, John, case of, [15]
Felonies, The Trial of, [Chapter IX]
(See District Attorney, Prosecutor, Defendants, etc.)
distinction between felonies and misdemeanors often without merit, [30]
number of persons arrested for, [85]
should be prosecuted by information, [100]
rapidity of trials for, [152], [154]
description of trials for, [150]
attempted suicide, [171]
compounding, by agreeing not to prosecute, [349]
Foster, Judge Warren W., [216]
"Franklin Syndicate, The," [26]
Fursman, Judge, [321]
General Sessions, Court of, appeal to, from magistrate's courts, [47]
procedure in, [119], [150], [151]
description of (see Felonies), [150]
Goff, Recorder, [86], [290]
Habeas Corpus, for prisoners held in police court, [43]
to test magistrate's jurisdiction, [47]
only remedy for illegal commitment, [49]
writ of, often secured for delay, [317]
Hackett, Orlando J., case of, [290]
Hadfield's Case, [358]
Harris, Carlyle W., case of, [263], [264]
Hawkins, Sir Henry, on want of uniformity in sentences, [189], [190]
Homicide, typical case of manslaughter,[ 8]
large proportion of defendants charged with, plead guilty to manslaughter, [174]
charge of court in cases of, [243]
verdicts in cases of, [246]
sentence in cases of murder fixed by law, [261]
larger proportion of women indicted convicted of, than men, [334]
Howe, "Bill," [297], [298], [323]
Howe & Hummel, [322]
Hummel, Abraham, [321], [322]
Imprisonment, pending appeal, advisability of, [346]
Impulse. See Irresistible.
Indeterminate sentence, definition of, [273]
constitutionality of, upheld by courts, [274]
distinguished from commutation, [274]
Indictments, found by Grand Jury, [81]
"true bills," [82]
number of, found, [85]
drawn by District Attorney, [87]
form of, [87], [88]
for larceny, [88], [89]
invalid, when, [91]
defendant may move to dismiss, when, [91], [92]
ratio of women to men indicted, [292]
not "pigeon-holed" or "lost" in New York County, [314]
motion to dismiss, [317]
for forgery, [331]
Information, in Court of Special Sessions, [48], [49]
Information, of aggrieved party, old form, [89]
proceeding by, in different states, [100]
all felonies should be prosecuted by, [100]
Insanity, not true that majority of criminals are mentally defective, [22]
sentence cannot be pronounced on insane person, [269]
how those insane at sentence are dealt with, [269]
defendants unlikely to feign, at sentence, [270]
used as means of avoiding trial by rich, [317]
As a Defense to Crime, Chapter XVIII, [350]
(Also see Criminal Responsibility and Commissions)
Inspection, of Grand Jury minutes, [122], [316]
Interpreters, usually very incompetent, [239]
difficulty of cross-examining through, [239]
Irresistible impulses not recognized by present New York test of responsibility, [359]
Johnson, Richard, words of, before sentence, [262]
Judge, The ([Chapter X]), functions of, [178]
most difficult function of, to impose sentence, [178], [179]
his conduct during trial, [179]
may "sum up" in England but not here, [179], [337]
his business practically to "even things up," [182]
should interrogate witnesses, [182]
difference between his theoretical and practical functions, [179], [182]
should not interfere with jury on questions of fact, [183]
able to convey opinion to jury despite the law to contrary, [184]
most judges too lenient, [187], [195], [196]
tendencies often well known, [187], [188]

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]

by eleven jurors, advisability of, [347]
Voir dire, [305], [324]
Warren, Chas. D., definition of criminals by, [19], [24]
within the definition, [24]
"Watch, The," [109]
Wellman's "Art of Cross-Examination," [282], [287], [298], [299]
Wigmore, Professor John H. See Introduction
"Wire tappers," wire tapping described, [14]
(See McCord and Livingston and Tompkins cases)
Witnesses ([Chapter XII]). See Evidence.
value of testimony of, [224]
original capacity of, for observing correctly, [225]
children make remarkable, [225], [226]
often honestly mistaken, [226]
present stronger testimony in court than upon preliminary examination, [228]
unconscious amplification by, [229], [230]
fallibility of the honest witnesses, [230]
recollect impossible details, [232]
who refresh recollection, [233]
ultimate test of value of testimony of, [236]
physical condition of important, [236]
to be convincing must be positive, [237]
the most effective witness with jury, [237]
measurement of time by, [238]
difficulty of finding language comprehensible to, [238], [239]
difficulty with foreign, [239]
Wood, Fernando, [319]
Women in the Courts ([Chapter XV]), sentences of, table, [202]
their evidence originally regarded with suspicion, [279]-281
men said to rely on power of [281]
Women in the Courts, reason, women on intuition, [281]
do not differ from men in original capacity to observe, [282]
confuse knowledge with imagination and belief, [282]
illustration, [283]
their habit of stating inference, [283]
more ready to swear testimony through than men, [284]
more ready to commit perjury than men, [285]
often make remarkable witnesses, [285]
frequently couple with answer statement damaging to defendant, [285]
silent cross-examination of, the most effective, [286]
old women simulating stupidity the most dangerous, [288]
more difficult to cross-examine than men, [291], [292]
testimony of, little different from men's, [292]
number of, indicted and tried, [292]
number of complaints by, [292]
tried by opposite sex, [293]
more likely to persuade jury than men [293], [295]
effect of beauty of, on jury, [295]
juries apt to be more lenient with, [296]
no woman has suffered death penalty in this country in twenty years, [299]
number of, convicted in proportion to those indicted compared with men, [299], [300]
number of, prosecuted, few, [300], [301]
earliest case on record of prosecution of woman for murder, [301]
larger proportion of, charged with murder, than men convicted, [334]
false popular impression that few women are convicted, [334]
Wrongs, relation of, to crime, [1],[2], [3]
huge number of, not crimes at all, [7]