The New York herald., 1850-01-05
The Laws DeInys-The New Code or Crimi-
nal iPraetiee-,mportant Report.


made by Messrs. LOOMS, Graham and Field,
Commissioners on Practice and Pleadings. We
are indebted to David Graham, Esq, of this city,
one of the above commissioners, for volume con-
taang the report, and the new code of criminal
procedure of this State, drawn up by them.
Several days ago, we referred, in an article of
some, but not undue, severity, upon the delays
which occurred in the practice of our criminal
courts, and showed clearly enough that these de-
lays were not only unnecessary, but were the
means adopted by the most notorious criminals to
evade, and often too successfully the just course
Of the law and escape the due punishment Of their
crimes. These delays, as we then showed, were
mostly comprised in the vexatious method of chal-
lengmg jury, in the process Of appeal by bill OF
exceptions, and the delay procured by the pre-
tended want of distant witnesses.
We are happy to find, on making cursory
examination of the volume before us, that these
very points, hitherto so Objectionable, have met
with the close attention of the commissioners, and
they have specially applied remedies to these, the
most diseased portions OF our criminal jurispru-
dence.
The commissioners have commenced their work
Of reform at the fountain head, and after abolish
ing the old form of indictment, have provided and
presented new form, with various valuable and
useful directions and Instructions. How far this
new form OF indictment will answer the object
proposed, and prevent the too frequent recurrence
OF quashng the indictment on the most frivolous
and technical objections, we cannot tell-time and
practice can alone decide that question. 1t is Ger
TAM however, that the prolixity and idle senseless
Tepetltons OF the old form are avoided in the new.
The next step to the indictment is, obtaining
proper jury to try the accused and here it is where,
in the present state OF procedure, the greatest diff
Guilty is met with In some cases, days. and even
weeks, have been consumed in endeavoring 10 EN-
panel jury. One after another, the most compe-
tent cltizens have been rejected, owing the me
tbod of challenge in use aud thus frequently, the
purposes of justice have been defeated, by the Sc
lection of the most incompetent men. This prac-
uce is considerably modified and improved by the
new code of procedure and we sincerely hope
that the operation of the new plan will be such as
it promises and is desired to be. The following
article of the new code, on this subject will con-
vey some idea of the changes introduced A par
tcular cause of challenge may be
q For the existence of state of mind on the part OF
the juror in reference to the to either party
which satisfies the triers IN the exercise Of sound
cretion that he cannot try the issus impsrtsy and
without preudc to the substantial rights the party
challenging, and which Is known in this code actual
biae.
Another change has been introduced as TO the
triers 1t as follows
48O The triers are three impartial persons not on
the jury panel appointed by the court All challenges
for actual bias must be tried by the trers thus sp-
pointed, a majority Of whom may decide.
1876 On the trial Of chzllepg for tual bias when
the evidence Is concluded the court nstruc. the
trisrs that IL is their duty to find the challenge true IL
the evidence establishes the existence Of state of
mind the part OF the juror in reference to the case
to either psrty. whicb satisfies them the exercise
OF sound discretion that he cannot try the ISSUE i'm
partially ard without prejudice to the sub.tsntal
rights OF The party challenging; AID that otherwise
give them no other instruction.
In the important matter of appeal, prolific |
source Of vexatious delay, the commissioners
have introduced some changes of procedure, which
it is to he hoped will have the effect Of preventing
this instrument Of justice being perverted to a |
means of delay, ard ultimately perhaps of escape
to the criminal. BY the new code, exceptions can
only be taken to decisions OF the court upon a /
matter Of law, by which the defendants substan
ual rights are prejudced.
The is good rule, If acted upon by all parties
though it is rather general. The annexed are the
role cases in winch exceptions may be tsken,-
L In dsllowing challenge to the panel Of the jury
or TO an dividua juror for implied bias
in admitting or rejecting witnesses or Testimony,
or in charging the trers the trial Of challenge
n juror for actual bias
In admitting or rsjectipg witnesses OF testimony.
In deciding question Of Law. not matter of
creion or IA charging CT instructing the jury upon
the law. on the trial of the issue.
This section proposes to retain the right to bill Of
exceptions as 10 exists, with this port
sriction hc~ev,r that a. Is svaisble only where the
sybtaItisl rights Of the defeudsnt have been p-eu-
diced The rule on this subject both In vii aud crn-
iu~l g., that uron case which L. made for
the pufpcse of moving for new trial the may
rqur- whether substantial justice has been DONE even
ftt1 az fla hax .fa h,fvr
question comes no On ba Of src.Poas tn Law pre-
sumo, the prejudice ana the party Is entitled to
I,rrck .. Sero, Wcpd bSO-5S7; Farmsr,' and Mana.
tsctitos' Bgnk y Whpf,h ~ wend, 42S, H,rioa q, |
hy,rs Meicoin Hin, 2p6 and note; Haiasr Dapey,
4 I'D ElL ss2: Cans'oH =. Errfn. fiill 272 MIns-
tdr. Hhssi,, - Wtnj. 20. IL IL true that the su.
pfeme Court. IN later case. Tae People r. Lahaan
barb Sop curt Rep. 22l 2l2 intina.ed. tha, they /
might difIeari exceptions, net hayiog direct rese-
renee O. the merits of the But suoh Il not the
ttlr though the Commissioners iu proposing tai. sec
a. deem proper that 1t should BE- made by less-
laton.
The quesuon OF new trial is in every respect I
~ iml orianl that Of appeal, and is as prolific
source ct delay. The following is prescribed in 4
he new criminal code. on This subect,--
&tgl The court In ~hieh new trial g. had upsn an
ssus Of isot has poser 20 grant neE trial wh.n \
verdict las been rendered ssost the ctfentant by
bch his substsnisl rights have been pref udcei upoa
b. applcation. IN TIE follo~iog cases
4 Wien the trial "a been had In bis absence N the
udictuentbe for a felony.
2 when the jury has received any evidence out II
'ourt oihsr than that resulting from view pro-
lidtd W ssctiou 40s.
81 when shs jury hsv. separated uithou, leave of IN.
our siter refining TO deliberate upon their verdict,
ttu Euity of any misconduo, ~ waich fair aud due
'onsiisfaiiou q the case has BEEN prevented;
4 hen the verdict has bseu decided by lot or bv \
ny means other than fair cxptessop Of vpinion
~ part ~ sli the juror;
8 Nt~n the court has ni.drsc'ei the jury IN
after q lsv has refused to instruct them pre
crited In sscticn az.
8 when the verdict IL contrary O. law o. evidence
OF no more than tao new tfitls can be granted for
BIS ause alone.
90. Tts applics'ios f1r tgiai must be made
VI fe Judgment and can b. made only upon leave
rsufsu by the e urt
$40 ~ leave 10 granted. the court must prescribe
10 time sud manner a maxi q the application.
Notwithstanding the general APPRECIATION we be
tow upon the labors Of the learned commission
70. es far ss APPRECIATION can be given TO that
hich Is yet untfied, Il seems to us, that much is
n here to the mere discretion Of the presiding
ltgc, and If he is corrupt, or influenced by fear.