By the New York Penal Code section 143, an editor is only guilty of contempt of court (a misdemeanor) if he publishes "a false or grossly inaccurate report" of its proceedings. The most insidious, dangerous, offensive and prejudicial matter spread broadcast by the daily press does not relate to actual trials at all, but to matters entirely outside the record, such as what certain witnesses of either side could establish were they available, the "real" past and character of the defendant, etc. The New York Courts, under the present statute, are powerless to prevent this abuse. In Massachusetts half a dozen of our principal editors and "special writers" would have been locked up long ago to the betterment of the community and to the increase of respect for our courts of justice.

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10

"The Citizen and the Jury," in "Moral Overstrain," by G.W. Alger.

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11

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

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12

Dew vs. Clark.

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13

"General View of the Criminal Law," p. 80.

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14

See State vs. Richards, 1873, Conn.

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15

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.

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16

Much more likely in Italy than in the United States.

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17

Petrosino is a national hero in Italy, where he was known as "Il Sherlock Holmes d'Italia"—"the Italian Sherlock Holmes." Many novels in which he figures as the central character have a wide circulation there.

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