Warner Says Stronger Methods of Prosecution Would Avoid Repetition of Millen Case Error

"It will be hard to convict criminals for first degree murder in future years, because of the mishandling of the Millen case," said Samuel B. Warner '12, professor of Penal Legislation and Administration, in an interview with the CRIMSON. "The erroneous conviction of the two taxi drivers for the killing will influence all murder trials for the next decade. The attorney for the defense will stand before the jury and say, 'Gentlemen, I hope the real culprit confesses before you convict this innocent man of murder.' Immediately the jury will think of the grave mistake in the Millen case, and the chances for conviction will be considerably lessened."

Professor Warner stated that the prosecution had handled the case in a very questionable manner. "They lined up the two taxi drivers along with several others. The two men were unshaven and dirty; the others were cleanshaven and well dressed. Wouldn't anyone have picked the two men?" Professor Warner thought that the serious part of the case was the question of what would have happened if the two innocent men had been sent to the gallows.

"Mistakes like this occur from our law that a man is innocent until he is proved guilty," said Professor Warner. "Under our system there are no means for the police to force a man to testify against himself. We must strengthen the police and prosecution by giving them means of making criminals talk. In England, as soon as a man is arrested, he is brought before a judge, and forced to testify. If he refuses, he is thrown into prison for contempt of court. Some such system here would help to avoid errors."

Regarding the investigation of the Norfolk Prison Administration, as a result of which a hearing will be held on Tuesday, March 6. Professor Warner emphatically stated that Howard B. Gill '13 was "the best prison administrator in the whole state of Massachusetts." He characterized Mr. Gill as an able, honest, and enthusiastic man. "Mr. Gill is an idealist, and is interested in saving the souls of men. His only fault was that he was not interested in paper work, and should have had a capable deputy to control this part of the prison's affairs."