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Abstract

The study of criminal trials during the late 1890s and early 1900s has largely focused on the nature of the criminal justice “system,” but little research has been done on the interaction of the press and the criminal courts and how each institution influenced the other. With “yellow” journalism at its height, the press during this era was eager to cover murder trials, especially ones with bizarre facts, gory details, or sympathetic defendants. Examination of the criminal trial through the lens of the press yields two unexpected insights. First, while not traditionally labeled as “yellow,” the New York Times’ murder coverage exhibited most of the same “yellow” characteristics of Hearst’s World and other markedly “yellow” papers. Given the fact that court records are sparse and historians must rely on newspaper accounts, this suggests that the Times is not more or less reliable a source than other papers. Second, the newspaper coverage supports the “multiple layers” theory of criminal justice—that not all defendants were treated equally or were even given full trials—and suggests one modification. This Article suggests that the press likely played a role in determining which trials were given significant courtroom time. As the press picked up on a particular trial, it was more likely that the defendant would attract a good lawyer (or at least someone committed to the adversarial process) and that the judge would ensure the prosecution carried its burden. Focusing on these insights, this Article takes the first step of describing this interplay and exploring the interaction between press and the courts.

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