The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-06

breathing the same fire. and kindled from the same
elements, and not cry aloud, in his enthusiasm
'HINsLEY and SWAMI, now and forever, one and
'inseparableP ' Far from us, at all events, be
such cold Indifference. Assured as we are, that
gentleman like Mr.. HNsLEY, so long regarded
by Mr.. SWAMI as worthy the responsible and
respectable position of Judge of Election, can
not be otherwise than welcome and suitable to
him as an associate in the Municipal councils, we
shall look forward with great interest to the Elec
ton which shall determine whether Mr.. HINsLEY
is to be lifted to
that elevated pinnacle of greatness, from whose
forum emanates wise, experienced law givers."
-
In referring to the case of the State as JOHN
LENNON, some days ago, we showed how it had
been called for trial several times in one term and
postponed to await the convenience of the
traverser, and again called and postponed at the
succeeding term for the same purpose. Wefound,
in looking back through the proceedings of the
Criminal Court that the case was, in this particu-
lar, by no means a singular one Many crimi-
nal had been invited into the dock to answer for
his misdeeds, and had been politely bowed out
again because he was ''not ready" And now
the same old routine is being gone through day
after day. Prisoners are brought in and witnesses
summoned, when it appears that the former have
neglected to obtain COUNSEL or their lawyers want
time to examine the cases, or some imaginary tes-
tmony has not yet been obtained, and the parties
are therefore INDUCED with further posponements,
on the general ground that they are 'not ready"
limo other interests were affected by the action of
4,.oG H., 81 IL
whom it chiefly has to deal, it might be permitted
to regulate its course with exclusive reference to
their convenience. But as a very heavy expense
is entailed by its dlatory methods upon the COM
munity, and, what is of far more Importance,
crime is directly encouraged whenever punishment
is procrastinated uncertain it becomes us to iu
quire whether justice is to move at this hating
pace forever. No man, however guilty, should be
forced to stand his defence until sufficient notice
has been given him, and a fair opportunity allowed
for preparation. But there is no reason why any
more consideration should be allowed to such
one than he is absolutely entitled by the
laws to demand. The unwise legislation of these
latter days has made ample provision, not only to
secure the rights but to facilitate the escape of
knaves and outlaws. A rich debtor may stare
his starving creditors out of countenance; and
the rufian, who will add perjury to his Other
offences, may delay an investigation or transfer
it to some other tribunal and obtain an acquit-
tai, when, through death or other causes the
adverse witnesses are not forthcoming And in
addition to this, the philanthropy of modern times
has invoked a sympathy in behalf of the vicious
and the vile, which is more keenly alive to their
sensbties than to the distresseS of honest men,
1t is more prompt to alleviate the sorrows of the
undeserving than to encourage the well-doing
OF the upright citizen. 1t can defend delinquent
from merited censures, and is not ashamed to
display itself at the ostentaious obseuuies of
murderer, though it may only manifest cold re-
greet for his victim. 1t is not necessary, then for
Courts to step aside from the path of duty to aid
the violators of the law in their efforts to evade
its penalties If prisoner has been month in
JAIL and has not troubled himself or been able to
procure counsel, the Judge should assign that
duty to some competent lawyer forthwith, and
the STATES ATTORNEY should fix an early day for
the trial. If case has been put off time and
again, on account of the absence of witnesses, it
is the business of the Court to inquire who they
N S@pSNtS4
what efforts have been made to secure their at
tendance, and unless full and satisfactory replies
are made to these inquiries, it should insist upon
proceeding with it at once In all tribunals.
where the law is decenty administered criminals
are forced to prepare themselves to meet the
charges preferred against them whenever it may
suit the representatives of the commonwealth 10
call upon them. But here the most trivial excuses
are accepted, or the familiar plea of ''not ready
is admitted as valid, and year by year great
wrongs 60 unavenged, and public Justice moves
with so unstable and devious gait that men doubt
whether it is directed by other rules than those
of chance. The course which Mr. WHITNEY has
announced his determination 10 pursue in fu-
ture, is the most absurd and improper remedy that
he could have trumped up in order to check the
evils of which he affects to complain. He wish
es it to be understood that hereafter whenever he
'believed that counsel were purposely delaying
trial in this Court he would remove the case to
''the County Court on his own suggestion
Now the Constitution provides that the STATES
ATTORNEY may apply to have case removed when
he thinks "a fair and impartial trial cannot be had
''in the Court where the indictment is depend-
cling" He must be honestly convinced that such
suggestion is strictly true for otherwise he NAV
send all the business before the Court out to Tow
sontown, and thus rid himself of the disagreeable
necessity of prosecuting some of the ruffians to
whom he has hitherto been so indulgent If the
fair and impartial triaP' Of any is really i'm
possible or improbable in the Criminal Court, Mr..
WHITNEY is bound to remove it, but unless this be
the fact he is equally bound to attend to it himself
Can he pretend that the delay of prisoner or the
neglect OF his counsel affects this question? Is it
possible that he is willing to make an averment
when postponement is asked, which he would not
have made five minutes before when he called the
case? He knows well that the procrastnaton of
the party desiring to avoid trial, cannot, so far
as the State is concerned, initiate against the fair
ness or impartiality Of that trial when it takes
place, and the truth or falsity of his suggestion
must therefore be judged independently of any
such considerations. This is but new device
under cover of which he seeks to avoid all blame
for the number of untred indictments now lying
in the office Of the Clerk of the Criminal Court.
Had he zealously, honestly and promptly pressed
on to trial all the cases in which the witnesses
could readily have been obtained, and where the
reasons urged in favor of postponements could
have been shown to be utterly fallacious, there
would now have been no undue accumulation of
business on the docket He is offering the very
results of his own delinquencies as evidence of
the distractions he meets with in attempting to
discharge his duty. But it is the fashion of the
day for every one in authority to shift all respon-
sibility for our evils the shoulders of some one
else. The MAYOR puts it on the Criminal Court
which, in turn, thows it on the criminals and
lawyers Meanwhile, our condition grows worse
and worse, and though by elevating TO office few
reputable citizens who would fulfil their obliga-
tons with integrity and manliness, we might still
arrest our downward progress, it remains to be
seen whether this first step towards a reformation
will be successfully taken.
RAILROAD CoNvENTIoN-We adverted the other
day to the important convention about to be held
at Wentworth, N. c., for the purpose of taking