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Six P.M. Naval Observatory time New York City's own station W N Y C. Ladies and gentlemen of the radio audience station W. N.Y.C. occupies a prominent place among the radio stations of our country in the presentation and discussion of the many complex and multiple problems which confront our people and which affect the life welfare and happiness of each of us then in a simple broadcasting system has in the past in keeping with its policy of education and enlightenment sent over the station many searching and analytical addresses with a single object however helping the citizens of our study to evaluate and weigh the many sides to the problems which always are knocking and crying for solutions we are constantly searching for a changing solution to constantly changing problems how can we make our city a better place to live in the very topics we hit up for presenting have all contributed to the high standard we have set in creating a tangible very public forum for the benefit of the inhabitants of New York we are happy to present another outstanding program. Ladies and gentlemen of the radio audience that is Attorney Thomas A do is address is the second in a series of addresses arranged by county clerk Archibald R. Watson for the purpose of stimulating interest in jury service and stressing the importance of jury service as a civic duty I do not have to tell you that the jury system is divided into two branches a grand jury and the trial or petit jury the grand jury hears evidence and indict and the trial jury hears witnesses and convict or acquit. For the moment I do not refer to the trial jury in civil actions last week you heard resigning justice Francis Martin of the appellate division first judicial department discussed the subject of a grand jury today you are privileged to listen for just the tourney doing so discuss the function of the trial jury in the administration of the criminal law it is not too much to say that within the past seven years district attorney doing has that new standard as a public prosecutor in New York no one can doubt that the president district attorney of New York County is on the threshold of a splendid career of expanding usefulness and value to the public it is a great privilege to hear his voice today ladies and gentlemen that attorney do it last week the distinguished presiding justice of the appellate division of the Supreme Court spoke to you on this program about grand jury and he told you of the important work accomplished by grand juries in protecting wrongfully accused persons from prosecution for crime and of the honor and importance of serving on grand juries but when the work of the grand jury is finished the wheels of justice have only started to turn the persons accused of crimes must be brought to trial in open court. The true administration of Criminal Justice depends in large part upon the learning and industry of the judge and in part upon the energy and initiative of the prosecutor but above all it depends upon the integrity of the trial jury the safety of the city and of every citizen is in the hands of those juries of twelve whose decision is the last word in every prosecution jury service is not just a responsibility it is a rare opportunity to see at first hand many of the major problems of your community as you sit in the jury box in the criminal court room there is unfolded before you the living drama of crime you learn the causes of crime and the handicaps of the underprivileged you witness the tragic effect of crime on its victims the unbelievable viciousness of the underworld the hardships under which the police and other law enforcement agencies labor and the schemes and tricks to which criminals resort to get around the law there are eight courtrooms in the ancient and almost collapsing General Sessions Court building down on Center Street where my assistants are presenting evidence every day to eight trial juries the men and women on those juries listen daily to proof of murder assault robbery dope selling extortion larceny kidnappings sex crimes bribery and many others woven into those trials is evidence concerning the illegal sale and distribution of gun the all important channels for disposing of stolen goods the tricks by which men attempt to obstruct justice too often do lies lies thick and fast in the courtroom and appeals to passion prejudice or sympathy are present in the defense of every case. But the veteran euro or the hoodwinked he becomes the most efficient lie detector in the world and his work in the jury box makes him an expert judge of human behavior. Here to more quickly than by reading a thousand books are listening the countless speeches you will learn the true nature of the evil effects of broken homes bad housing and economic distress upon our people you will see their effect in the making of wayward young men in the deal when I'll delinquents and how after conviction their carefully studied the possibilities of help and reformation by probation and guide you will see the seamy and tragic side of life but you will learn how to help to make it better and with what great things remain the be done there are one hundred thousand euros in the County of New York and during one month in each two years these men and women sit in a jury box and work for you they work well and hard yet you hear every day the grumblings citizen who condemns the jury system from my seven years experience as a public prosecutor in New York in both federal and state courts I can tell you that the jury system works well but I must also tell you that it does not work well enough let me give you one instance a few years ago in Brooklyn an unsavory professional criminal wasn't charged on trial for his liberty he had a long criminal record and when the government had presented all its witnesses the defendant did not take the witness stand it is of course the right of every man to refuse to answer or testify concerning criminal charges against himself. Moreover our law stupidly also prevents either the prosecutor or the judge from making any reference to the fact that a man accused of crime has failed to explain or even offer to explain his act. When that case was submitted to the jury one of the jurors was so uninformed on the fundamentals of criminal trials that he argued that the district attorney was unfair because he didn't call the defendant to the witness stand in that jury there was not one man who knew enough to point out that the district attorney could not call the defendant to the witness stand and that if he made the slightest reference to the subject the judge would be forced to declare a mistrial the jury thereupon marched into court and acquitted the defendant. That's a criminal was again turned loose on the community because twelve jurors had ignored the facts as well as the judge's charge. With the millions of intelligent citizens in New York who are available for jury duty How could such a thing happen the explanation is unfortunately simple for years there has been a growing feeling that private business affairs are more important than public service that jury duty is a burden to be passed on to someone else and that the administration of justice is a nuisance to be left in the hands of those who do not have enough influence to avoid doing their duty. Some years ago there was a judge in the criminal courts of New York who used to get on the bench every Monday morning with what used to be known as Monday morning Blue is. This position normally was none too good and I Monday mornings it was uniformly bad. On the first Monday of a court term with a new panel of jurors in the courtroom is on are suddenly declared all jurors who want to be excused stand up almost everyone in the room rode the down he directed now he proceeded all jurors who want to serve stand up. I hand for a road get out that the judge if you're anxious to serve I don't want you all the others will stay and serve. I remember a case where a woman shot a man in cold blood she or her lawyer cooked up an ingenious defense he admitted the killing and with tears in dramatics explain their act to a sympathetic jury which promptly acquitted him shortly afterward a man I know wrote a long and solemn article condemning juries which acquitted women who shoot their husbands and lovers and the lawyers will get them off I saw the man not long afterward and said I quite agreed with some of his ideas but when I asked when he last done his bit on a jury perhaps it was a little unkind to ask that embarrassing questions but the gentleman admitted that he had never served on a jury and did not intend to. Every critic of our judicial system of our courts and even of our democracy admitting that the jury system is fine in theory but many say it is bad in practice yet these very people when charged with crimes call quickest for a jury trial those who share the worst grammar there for their rights the loudest this it isn't who have a during duty deserves a badge of this honor the man who begs off every time he is called is as false to his fellow citizens as a slacker in time of war. What would happen in this state if someone at the Constitutional Convention now in session that Albany should propose to abolish trial by jury suppose it should be seriously advocated that your important rights as a citizen when you find yourself in a court of law should be decided by a judge oh no you know very well what would happen every newspaper in the state would cry out against this destruction of our fundamental liberties every citizen would be outraged then justly so the very cornerstone of our freedom would be threatened wars have been waged and millions of lives factor fight to establish these basic principles of freedom it is unthinkable that the right to trial by jury for a felony should be taken away from our people and yet it is true today that have vast number of responsible citizens are undermining the jury system by dodging jury service and leaving it to those who cannot digest or who are too honest to do so. They criticize its results show on its labors and then refuse to help improve it. There is however a more hopeful sign. Within the past year women have been given the right to serve on juries for the first time in New York thousands of them in this county county alone have seized the opportunity they have approached this beauty seriously many women's organizations have conducted lectures courses for new jurors with instruction by experts individual women look forward to their service and have arranged their household and personal affairs so they can answer the call of the court. For the past four months my assistants have been trying criminal cases before mixed your age of men and women in the court of general question day in and day out we have seen the women George strengthen the system they bring interest and then use it as them do their duty after a short experience in the criminal courts they quickly learn to distinguish between sham defenses and real one to judge lying witnesses and to see that justice is done a large share of the success in our fight against the rackets in the past three years must be credited to the juries which prove that the law can protect the public it has been shown conclusively that both the law and the jury system are bigger than the criminal underworld today there is not a racketeer of first importance left in New York every one of the ten Chief Public Enemies listed by the police commissioner three years ago has been removed. Some are dead of gangster bullets Some have left New York for good or are fugitives from justice and the rest are in jail so far this year the juries in New York County have convicted a man of murder in the first degree seven of them as cop killer and. This is by contrast with last year when there were only two first degree murder convictions in the entire year. In truth we can say that the jury system today is just as vital and sound as it ever was it can and does protect the community and safeguarded people. A tremendous amount of work remains to be done but we cannot do this without your help this is the richest county in America one tenth of the first in a wealth of the United States is in the city of New York. Here in D.C. that has been the most tempting field for crime and racketeering offering a challenge to public officials and yours alike only with the real cooperation of every citizen can we finish the job of making our city safe for its people the kind of help you can give that little sacrifice will pay you from Mendis dividends in security in the knowledge of a job well done and in the respect of your fellow citizens I can assure you that one month bend in the court of general sessions will be an interesting and valuable experience you will be happy to have served you will honor yourself and your community Mr Archibald Watson clerk of the County of New York at whose request this series of radio broadcasts is being delivered has asked you for your help in improving the standard of our jury service I urge you to do your part in the important work of administering criminal justice in the County of New York.