While chaplain, I was sent for by an unfortunate girl, an inmate of the Women’s Prison. She had the usual tale of disappointment and misplaced confidence to tell, which was full of sadness. Most girls, strangers in New York, and far from home, have usually a hard road to travel. After I heard her story, I remembered that there was a prominent lawyer in the city that came from the same place of which she was a native. The gentleman was an ex-Assistant District Attorney. I felt if I could only get him interested in the case, she would have a better chance of securing her liberty. I made a personal call on the gentleman. He had spacious offices in the vicinity of Wall Street. As soon as I had mentioned this young woman’s name, he at once recognized it. Indeed, he had been intimate with the family for years, and was willing to do anything for her. All of which was very encouraging. I then asked him to make a note of the date when she came up for sentence. At my suggestion he called one of the stenographers to make a memorandum. “Mary Ann,” said my legal friend, “make a note of this,” and looking very pious, he said, “I do this for the love of God; yes, I do this for the love of God.” By this time the clerks and typewriters began to snicker and laugh. Just as I had expected, all this pious talk did not amount to anything. The poor girl was finally sent away to one of our institutions.
CHAPTER XXIV
CRIMINAL BRANCH OF THE SUPREME COURT
When on January 1st, 1896, the present Constitution of the State of New York took effect, there went out of existence the Court of Oyer and Terminer—a court whose quaint name accorded well with its interesting history and associations.
It was an exclusively criminal court, closely allied to the Supreme Court, and although unlike the “Circuit Court” not strictly a part of it, its judges were Supreme Court Justices assigned to hold it and interlocutory proceedings in actions pending therein were taken in the Supreme Court.
The Supreme Court is now the highest court in this State having original jurisdiction—that is, having the power to hear the evidence in and determine actions commenced therein or removed thereto from an inferior court, as distinguished from the right to review on appeal. It may take cognizance of all manner of civil and criminal actions and proceedings triable in a State Court, except the impeachment of public officials, of which a quasi-criminal court—the Court for the Trial of Impeachments—alone has jurisdiction.
In New York County, one part of the Supreme Court is usually devoted to the trial of criminal actions, and that part ordinarily sits each month in the year, except July, August and September.
Cases that, because of the nature or circumstances of the crime charged or the prominence of the persons involved, are of particular public interest or importance are usually tried in the Supreme Court.
There are material advantages to the accused in being tried in this court. The proceedings are apt to be more deliberate. The justices are experts in Civil Law, and have the advantage of the training which results from contact with the best legal minds and the consideration of the many difficult and important questions that arise in civil practice.
The range of the criminal law as compared with the civil, is very narrow. The experience of the practitioner at the criminal bar tends to develop forensic rather than reasoning faculties; to narrow the mind and sharpen the wits, rather than broaden and deepen the intellect; to make alert, cunning, effective cross-examiners and wielders of technicalities, rather than strong logicians, quick in the discernment of fundamental principles, and ready in their application to the case in hand.