The Portland daily press., 1864-08-12
Important Legal Charges.
IN PORTLAND,

The administration of law in our American
Courts has always been characterized by
great liberality in many respects, prominent
among which may be mentioned, ample allow
ance of time for the full presentation and hear
ing OF cause; promptness in getting trial
on actions both civil and criminal, provision
for complete reviews of cases, wide discrimin-
alton tn the introduction oftestimony tending
TO throw light upon a subject, and every facil-
ity on the part OF the government for giving
the accused in a criminal offence a full and
fair hearing In his own defence. Our own
State has in these respects and Others been
true to her motto "Dirigo," for she has direct
Ell the legislation of the country to consider
able extent In severl important particulars.
Maine was among the foremost to abolish the
Death penalty for thepunishment OF Capital OF
fences at least conditionally and constructive
Iy. TIE passage of the maine Ld,c"h has per-
hSos done more to carry the name and fame
of our state abroad than any other other en-
actments, whatever one may think of the ef-
feet Of such law, the object of it being to
suppress the terrible evils of intemper-
ance. A few short years ago our lcgis-
lature passed an act allowing both parties in
civil suits at law to become witnesses upon
thsir own sides respectively; and this course
has been found to work very fayorably to the
cause Of justice, as "the truth and the whole
truth" has been elected in many cases where
before this act was passed neither party could
10 all IN fastifv md aaanrdinUlv ~ xras
extremely difficult to get any testimony at all.
And now our State has taken still another
step onward 1t passed law at its last ses-
sion, allowing respondents in crimindliactions
to go upon the witness stand and take the
oath and give what explanations they may be
able to give in theif own defence, the jury TO
take 1t for what they may consider it worth.
The first case under this set was that of Miss
Margaret Wallace, who was indicted at the
March term of the Supreme Judicial Court
for am attempt to administer poison TO the
family Of Mr.. c. V. Bosworth of this city, and
has just been tried at the present term of
the court During the hearing of the defence
this respondent, very pretty girl OF fair
complexion, black eyes aud curling hair. was
placed upon the stand under oath and gave
her testimony in a calm manner and appsr-
emily truthful. The jury in her case after
patiently hearing the testimony, arguments
and the impartial charge of Judge Davis,
brought in a verdict OF not guilty, though
this verdict must not be considered as
having been rendered by reason of the testi-
mony of the defendant SO much as by the
failure to connect her with the commission
of the crime, on the part of the government.
This new provision of law We believe will
have a sautary influence and tend to pro-
mote the ends OF justice. Our American
Courts have always carried out the spirit of
the maxtu of the law that it is better that
ten guilty men should escape punishment
than that one innocent man should be punish
ed, aud this new provision will, we believe,
tend TO prevent the innocent trom being I'M
Justly punished especially for capital offences,
ifnot prevent the guilty from escaping punish,
ment. Many other laws Of a progressive
character which have been enacted by our
State legislature within the last ten or fifteen
yeas might here be cited, which have been
found to have salutary effect In their praeti-
cal opera. lion, but especially these we have
named. we co, 1mend to the favorable consid-
GRAFTON of other 81, ties, believing that mild,
liberal. but firm admin, '.straiion of the laws is
the best promotiSe ofthe Case Oh justice In
the long course Of years.