Daily national Democrat., 1859-01-13
A Few Suggestions.


this state. The code, as it now stands, is one
of the best ever framed, although it un-
doubtedly has defects. The jury system
might perhaps be remodeled to advantage,
so as the better to protect the ends of Justice
against packed juries, which have been, TO a
greater extent than a superficial observ er
would believe, an evil in this country. The
prevalence Of mob law in certain portions OF
the State, where crime most abounds, has
been owing, in very great measure, to the
fact that justice has not been done to offend
crs against the laws 10y the courts Of criminal
jurisdiction. True, there have been eXeep.
tions to this state of things, but, as general
thing, public lynchings are attributable to
this cause. The last Legislature spent much
time in discussing the propriety of putting Il
stop to mob law by the enactment Of piece
Of legislation which would have done honor
to Draco. Such an enactment would have
been of no earthly use whatever. The true
way to reach the object desired was then,
en- the administration of justice in the crmi-
nal courts, as to render it next to impossible
that the offender should escape the punish
ment which he merits. There is no doubt
but tlat such a state of perfection in the ad-
ministrAton of the law is possible 1t Is
even now the case in England where the
IN. nf IaI 1,,-f Ia.
courts of criminal jurisdiction. are purer than
they have ever been, we are much inclined
to believe, in any other quarter of the world
The criminal, be he high or low, rich or poor
will meet with his deserts at the hands OF
the judicial tribunals Can we say anything
like this of our courts here in California
We cannot. While, in England, a few months
ago, one of the wealthiest, and most re
spectacle" and influential citizens was sen.
fenced TO Imprisonment for life for winding
we, the people of California, have the spec
tacle presented of known robber of the
State Treasury, to the amount Of about two
hundred thousand dollars, being absolutely
acquitted by jury of his country-all ow.
ing to the fact that there are too many loop.
holes still left in the administration of the
criminal code of this State.
There is one great oversight in the previous
legislation Of this State on the subject Of
crimes and misdemeanors. to which we de.
sire particularly to allude, for We believe
tbot uur,orous offond ars bovo osooDod an M
count of it, Witnesses in criminal cases are
paid nothing for their services, whereas they
should be compensated by all means. Many
persons refuse to'give information Of offenscs,
of which they are cognizant, to grand jurics,
on this very account. They are liable to be
detained from their business many days or
weeks, when the case is on trial, through its,
oftentimes, intricate and multiarious stages,
and thus suffer, inevitably, serious losses, to
say nothing Of annoyance and trouble. The
State has no right thus to sacrifice the inter
ests of its citizens or compel their services
This continual and grievous hardship should
be removed. A reasonable sum should be
paid for the attendance of witnesses, after
they have been delayed beyond reasonable
length of time. Exceptional cases might be
made such as where man comes from re
mote section and is put to heavy expense.
When he lives near to the place of trial and
is not detained by successive delays in bring
ing on trial, rehearings, new trials, DC, his
compensation need be little or nothing. 1t
is only the extreme cases, the numerous in
stances of hardship continually occurring,
for which we would have the special inter
position of legislation. In the majority of
the States of the Union, if our impression is
right, witnesses in criminal cases are compen-
sated, and there is no reason why the same
system should not prevail here where time
is so much more valuable than in the older
States.