The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-03-20

public wrong Tor which JuuSn,en
affecting his liberty, or even his sllfe,
Is demanded? Because he is inter
esteG? But interest is no dlsquailn-
cation IN other cases, and the law
ought f0 have the merit of consistency;
And If he defendant, in criminal
prosecution, be interested, so, alSo'
may be the prosecuting witness VINO
brings the accusation, and too oIten,
is stimulated by malice, avarlce' OF
desire tor revenge.
If II he said that the defendant,
having been indicted for CRIME, Is
not worthy of credit as a witness, the
reply is that. according to the theory
of law, every person accused OF crime
! must he presumed innocent until con-
victed. And how often does it happen,
when the attorney for the State, in
cases where two or more are jointly
indicted. finds himself without suf-
| ficient testimony, that one of the de-
fendants-confessedly guilty of all
that is charged against him-is placed
upon the witness. stand as States
evidence, to convict his fellows, and
receives for his reward his own dis
charge? Is a defendant who asserts
his innocence, and who has, until the
close of his trial, the legal presumption
of innocence in his favor, less worthy
of credit, less fit to be witness, than
his fellow who admits his guilt and
by his testimony contributes to the
conviction of his associate for the
sake of his own freedom? 800
But aside from considerations of
this nature. the bill ought to be made
law. The necessity for severances,
and the consequent occupation of the
time of the. courts, the repeated
attendance of witnesses, and the
increase of costs and expenses
will be avoided; cases will be
tried more promptly, and con-
tinuances, which in very many cases
work defeat of justice, will be less
readily obtained. sf..4.-f. q ...ssr
The credibiIity of the witness will
always be submitted to the jury. IF the
guilty man, accepting the provisions
of the law, resorts to perjury on his
own behalf, the chances will be a
thousand to one against him. Chief
Justice Appleton, of Maine, speaking
of this subject, says: His truths and
his falsehoods are alike perilous. He
|. is pressed by question upon question.
He evades or is SILENT Evasion is
suspicious. Silence is tantamount to
confession" And thus the guilty de-
PENDANT, confused and discomftted,
fastens conviction upon himself. But
if he be innocent, his very manner
will give him credit with The jury, and
especially, if he be surrounded by a
network of circumstances apparently
implying guilt, he will be able by his
testimony to clear himself, not only
before the law, but in the eyes of all
honorable men, of the crime laid to
his charge. 4s
This bill proposes no new OF. untried
experiment. In all the countries of
the continent of Europe the accused
Lis called upon for his statement of the
transaction. In the State of Maine in
1859 an act was passed. enabling the
defendant in all prosecutions for mi
nor offences to testify as witness,
and so favorable were the results, that
| in 1868, the provision was extended to
all criminal proceedings. And Chief
Justice Appleton of that State, in a
letter On the subject, published IN
1865, said of the changes introduced
by the passage of the law So far as
| can judge they are favorable to the
ascertainment- of the truth-the great
end for which judicial proceedings are
instituted 8 anticipate from the
change proposed, a greater certainty
| of correct decisions in criminal pro-
ceedings. The guilty will be less
likely. to escape, the danger of the un-
just conviction of the innocent will be
diminished.
These views are endorsed by mem
bers of the legal profession of the
highest standing all over the land
and they are valuable all the more
because they are founded upon ju-
dieial observation and experience land
not upon theory alone. f 49,