Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-01-27
INDIANA LEGISLATURE.
SENATE
MONDAY, January 20, 1858.
The President called the Senate TO order at
O'Clock p NJ
Journal Of yesterday read and approved.
MRNORIALs

MEMORIALS.
Mr. March: From B. B. Martin, a stockholder
OF the Lawrenceburg Branch of the Bank Of the
State, complaining of Mr. Burkham. the Presi-
dent OF said Bank who controlling the inst
tuition for his own private interests 20 the neglect
Of the resident stockholders and the district of
country in which II j. located, and PRAYING for in-
vestigaton and relief. the Board OF Directors of
the State Bank refusing to interfere
Mr. Browne, of Randolph introduced con-
current resolution appointing two members on
the part OF the Senate to act with TWO on the part
OF the House to investigate the matter Sc, forth
in the memorial.
Mr. Claypool moved to strike out select
committee and refer it to the Committee on
Banks
The amendment of Mr. Claypool prevailed,
and the memorial went to the Committee on
Banks.
INTRODUCTION OF BILLS.
Mr. Brown, of Wes-No A.: To fix the time
of holding the terms of he Common Pleas Court
in the Doth judicial District.
The bill was passed under a suspension of the
rules.
REPORTS.
Mr. Downey. from the Judiciary Committee.
reported back Senate bill No. III TO amend the
9th section of the Practice Act, recommending
that IL lay on the table. The change proposed
was TO enable holders of notes To bring suit with
out requiring the payee OF the note to be made a
party.
Messrs. Claypool. Corbip, Ray and March
spoke in favor of sustaining the report and
against the bill and Mr. Browne, OF Randolph
against. The report was cOncurred in.
MIR. Wolfe. from the Judiciary Committee re
ported back Senate bill No. D, recommending it
lay on the table Concurred in.
Mr. Raw, Chairman OF the Judiciary Commit
tee, reported back Senate bill No. 10 abolish
the Office of Attorney General, recommending
that it lay on the table. Concurred in
Mr.. McClurg. from the same committee, re-
ported back bill No. 80 amending the Felony
Act, recommending its passage. The bill was
ordered to be engrOsSed.
Mr.. ClaypOol from the same committee re
ported back Senate bill No ,, Ito enable cities
and towns TO levy special tax tor the support of
families OF volunteers with the opinion that
such law sas unnecessary. Concurred in.
Mr Claypool, from the same committee. re
ported back Senate bill No IS recommending
its passage Concurred in.
Mr.. Brown. of Rndolph (same): Reporting
Senate bill No 81, with amendments ond rec
onmending when amended to pass. The
report was concurred in and the amendments
a opted
Mr. Browne, of Randolph. (same): Reporting
back Senate bill No 3, without any special rec
concentration. The bill sought to repeal that
part of the criminal code that gives the defend
ant the right 20 close.
Mr. Ray moved to indefinitely postpone the
bill. after explaining lis provisions. He thought
the practice rs now existing in this State, allow
ing the council for the defendant to close the ar
gument. more IN conSOnance with humanity
and tie enlightened spirit OF the age than the old
practice, which the bill sought to restore. The
-, al
" IS not opposed to open his mouth himself, or
by attorney. From this cruel stage we have
progressed and this subject we should not re-
cede.
III. Browne. of Randolph, defended the bill.
He thought che law ha, beer changed ~ accom-
modate criminal lawyers, and welt upon the dis
advantages under which prosecuting attorneys
now labor, aud urged the return 10 the old prac-
tee giving the prosecution the opening and the
cloSin. arguments. Under the practice now,
criminal must not only be guilty, but must be
desperately guilty, to be convicted. The law
should not be made specially Tor criminals, but
to establish justice. Mr. Browne contended that
the bill was just and right. although it might be
defeated by old lawyers, who had found 1t con-
venent in their practice.
Mr. Corbin did not think that the criminal had
50 many advantages as the Senator from Ran
dolph had depicted. He was first indicted by :,
secret tribunal, (the Grand jury and the State
had ample time 10 arrange and mature its case
The provision OF the law it exists was a
merciiul one, and should not be repealed
Mr. Downey thought, logically. that the pros
ecutor should open and close the argument, and
he did not see that it should not prevail in Grim
inal IA IN civil cases. The Christianity of the
provision had been quoted to maintain the pres
ent practice. hut gentlemen should remember
that the great public were to be protected 10y the
law as well as those whom the law seized a.
offenders He went Oh To illustrate the practice
'fhe presumption was always in favor of the
criminal, and he thought that sufficient without
giving him much. and such undue advantage
in the argument. He would favor the change.
Mr. Ray: The question is a very importan;
one and questions proposing 10 change a rule OF
law should not be passed upon hastily. The
change OF laws the constant and frequent change,
WAS source Of universal complaint Al home
gentlemen might hear 1t from all classes of their
constituents The Judge on the bench, the
farmer, the mechanic, the merchant, the editor,
all protested against the fluctuations in the laws.
Ii was an evil, and very grave one.
Mr. Ray replied to the arguments Of Mr.
Browne. of Randolph and Mr.. Downey at length.
" e ale advancing in civilization. even over our
ancestors on this Continent We have passed.
the period when witches were tred by the ordeal
of fire or water. We DO not take an unfortunate
woman accused of witchcraft aud throw her into
a horse round ns they did in pious New Eng
land, and it she swan, declared her guilty, ana
If she peri>hed. pronounced her innocent. " G
had got beyond that point in our criminal prac-
tee and he did not desire to 20 back 10 pious
New England, or to OLD England either, &c
mould our statutes. He spoke at length and
with great force in favor of the law it now
stands.
Nr ClaypoOl thought that the people Of 1nd
ana were as Jealous OF their rights "a any other
people ami under the law and practice rs IT now
stands criminals had poor chance OF escape
/ Our prison records show this The presumption
in the public mind il always against the person
charged with crime, and the protecting shield OF
the law was often required To shield innocent
parties uniuStlv accused of crime. de gave ex-
amules HIS experience was ;hat the guilty sci
dom escape Let the accused have the benefit o.
doubts and let them have the closing argument
! and YOU would have convictions enough. '"he
! clemency of law seldom relieves criminals in a
vrluous community. Justice, although lame
will over,ake the criminal Temper justice with
mercy II is the theory of our Government anc
4 of our system. and il was the correct theory
/ Mr. McClurg was opposed 20 change, part;cu
/ larry rsucal changes. But this l. not racica
change 1t was simply a change OF practice Of
! forms of trial. and Was not obnoxious 10 the Oh
/ ections urged by gentlemen on that score Hs
favored the change proposed BY the bill. as i
gave a greater certainty to the penal code.
: Mr.. March: The question has been so ably
argued that he did think il necessary to Dc
more than give the reason of his vote. he VA
opposed TO the change. The law as il now
stands a. had been well said by the Senator from
+ Shelby and the Senator from Marshall. was u