Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1868-11-24
Judge Mills and Our Criminal Practice.

The opening of tho fall term of
Court at Richland Center afforded
Judge Mills good opportunity for
expressing his personal and judicial
opinions in matter of great impor-
lance these times-the right in any
sense of persons to meet together and
apply mob violence, the Judge apply>
ing his judicial logic and metaphysics
on the negative side Of such issue of
the times.
The opportunity was good, we have
said, because the boy Newell had a
short time before lost his life by a
mob in that town, be having murder
ed a woman and confessed the crime.
The circumstances were all fresh be-
fore the people of that county. The
case was an extreme one in warrant
ing, if any crime could warrant, q
resort to mob punishment. The muir
der was most foul aud unprovoked
one, and nothing could excuse or ex-
tenuate unless the boys age which
was fifteen would modify the crimin>
atty of Newell. We need not further
particularize the case, but refer to
Judge Mills charge to the Grand Ia
ry of Richland Center, which in part
appears in the Herald this week.
1t will be seen also that the Judge
alludes to sundry needed amendments
to the laws concerning criminal pro-
cedure, and these suggestions we re-
fer now to our new legislature for
such action as may make our crimin>
al laws more efficient and respected.
He justly reprobates the contempL-
ible usage of lawyers in challenging
jurors upon the score of having read
in the newspapers accounts of Grim
inal conduct-a practice among law
yvrs which has hitherto virtually ex-
cluded,mosl m an who read newspapers
from serving as jurors, and put into
| the Jury box instead those who do not
read the papers and are therefore ig-
norant, thus making Ignorance ii vir'
tue and qualification for the jury. II
intelligent men get on The jury at al
in criminal cases it is because they
affirm that in reading accounts OF
crime they do not credit what they
read or do not believe reports as
| printed d. which is - virtual admiss on
that such are men Of almost criminal
ncredulity or OF low failh--so low as
to discredt men and even God, for
our conception of God and revela-
ton hinges entirely upon just such
faith as would release or convict q
criminal upon human testimony,
sworn or printed. In this objection
to the laws we hope Judge Mills will
continue TO rebuke the practice OF
lawyers for the defense
Judge Mills advises q change of the
laws which now authorize criminals
to move their cases to other counties
for trial
He also asks for restoration OF
capital punishment. One thing: In
our possible change Of views upon
sundry questions of reform our mind
has remand the same from youth to
fifty upon this question of capital
punishment. We have always favor
ed hanging as the true penalty for
murder.
That branch OF humanitariaus who
carried the abolition Of the death
penalty trespassed upon the Mosaic
philosophy which decreed blood for
blood as the divine ordination. And
the public experience since the aboli-
ton approves the Christian philoso-
ply which also dccreed that, l0hoso-
ever sheddeth mans blood, By man shall
has blood be she'd. We therefore com
mend tho views of Judge Mills or
capital punishment.
We may differ from the Judge in
some respects, but upon the whole
his charge will profit tho people
Here we differ When q corrupt ju-
dietary reigns, and crime lifts its head
high in the streets; when the lawyers.
the public officers, and men Of fame
share the guilt of men born for crime
and educated for criminals we say
let the code of Judge Mills perish, and
let that spirit reign which purified
San Francisco.