Constant contact with the criminal classes, either as an advocate or in the exercise of judicial functions, has a tendency to deaden the sympathies, to lead to a complaisant view of the criminal as something inevitable, and to an indifference to the suffering that flows from his punishment. It results in an intuition and a preception of criminality in acts and persons where it frequently does not exist—in an unconscious predisposition to discover something sinister and evil in what may be innocent or merely injudicious.
It is not a slur on the gentlemen who, with marked ability, untiring industry and sincere conscientiousness dispense justice in other criminal courts to say that the Supreme Court justices who hold criminal terms of that court are their superiors in the qualities that make a good judge, because of their wider experience and consequently better judicial qualification, and because of their freedom from bias against the accused, except such as may be temperamental.
Variety in thinking is essential to the best mental effort. Contact with many minds develops the mentality. A judge of a court exclusively criminal meets but few members of the legal profession, and confines his attention to a very small range of subjects. If he grows intellectually, it is because he wanders outside of the four walls of his judicial duties. How much better it would be if his field of effort were enlarged, so that his work would increase rather than contract his capacities. It is not for us to suggest a remedy, although one could readily be found, so far as the higher courts are concerned, in the merging of the Court of General Sessions in the Supreme Court, and the holding of a greater number of parts of that court for the trial of criminal cases.
The Court of General Sessions
The Court of General Sessions of the Peace of New York County devotes its entire time to criminal matters. It is English in origin, and was established by them after they became masters of the colonies in the latter part of the seventeenth century. The prototype of the Court of General Sessions is found in all the counties of England, and is known as the Court of Quarter Sessions. Since this court was established in New York County, it has undergone many changes. At first, like its prototype, its sessions were held quarterly, but with the immense growth of criminal business in New York, its sessions are now held daily, with the exception of Saturday.
Beginning on the left, Judges Rosalsky, Foster and Crane, of the Court of General Sessions, New York.
At present there are five parts of this Court that are in session nine months in the year. During the summer months two of the Courts close, which permits each judge to take a vacation. In each Court the District Attorney keeps two assistants, who prosecute all cases in the name of the people.
The General Session Judges at present are as follows: Judges Foster, Rosalsky, O’Sullivan, Mulqueen, Crain and Swann.