The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1868-01-16

:" J" 1tbinK their conclusions ar
10 sound, and that they will make
. proper and safe basis for legisla
e ton. This board has, besides. mad,
D careful examination OF the cohdi
Q lion Of our county jaiIs and mfr
D marles, and the facts disclosed ar,
z startling evidence how easily abusel
! grow mp in the most enlightened
: communities. where there is ne
! regular or efficient mode Of max
J. ing the public acquainted with tb,
: true condition Of institutions NJ
: lbelr very doors. | recommend
9 the printing Of an extra number Of
copies OF their report, believing
, that the full details contained In Il
8 should be widely known, and tha,
the knowledge would arouse pub.
: llc sentiment which would most eff.
ficIently second such Legislation as
: the subjects will undoubtedly re.
celve at Your hands. | wouId also
recommend that the board be made
more efficient, by providing a Der.
manent secretary for them. whose
Whole time might be devoted to
continuing and extending the in.
vestigaliops they have so well be.
gun.
Tho reforms needed in the or.
ganlzation and admir- istration of
the local correctional institutions
naturally lead to the considera.
ton OF reforms in the criminal
law The Attorney General, in
ms report, urges the importance
of a codl6cation of the crimes act,
and of the simpIifcation of the !
rules and practice of criminal pro. |
cednre, so that they may be freed |
from cumbrous technicaIities
which are tor often found to impede |
instead of furtb5ring tho cause |
Of substantial justice. Much Ia.
Dor was bestowed upon the per.
fectlpn OF bills for the above men.
toned purpose ut the last session
1.-THE Legislature, but they had
not been finally acted upon at 1he
adjournment An act was, how.
ever, passed allowing accused per.
sons to testify upon their own tri-
ais for crimes. Although this mea.
sure was supported by most res
Pectable authorities upon the bench
as well as in the Legislature, nv
observation of its practical work. ;
ings as they have been revealed to &
me in my examination of appIica-
lions Tor pardon, compels me 10 be- !
Ileve that the change is, upon the |
whole, an unfortunate one. When /
a prisoner has the right to testify i
In his own behalf, HE failure 10 do d
20 is almost sure 10 Oe taken as ii [
confession of guilt. When 10 the n
knowledge OF this TACT is added s
The temptation to invent plausible v
,hoory to account for circumslan. b
;es proven in evidence, in the hope $
d escaping punishment thereby. a
ew criminals will be found who p
Will not add perjury to the crime t,
llready committed. The possibil. 81
ty that in some rare exceptional J
asses, innocent persons may be the W
lcllms OF circumstances which on 81
y their own testimony could ex Il
lain, does not, us | think, over b
alance the injury done 10 the vi
eneral administration of Justice IL
'hen perjury becomes a regular IN
nd expected para Of a judicial tri. lh
!, and the dctestatlOn OF the crime th
greatly lessened BY its frequency.
ly examination of the cases of u
rIsoners sent to the pcnitentiary RI
uring the past year satisfies me ga
lat l am not cxaggerating the III
eal evils which result. Another IN
ractieal effect is the abandonment be
the old principle OF our law that mi
man shall be forced 10 Grimm. in
le himself. He does this when da
IS omission 10 testify is taken for in
mission otguilt. If this princi. tie
Q is abandoned, should prefer cal
" adopt the French system OF in. VII
rrogating prisoners by the Court. str
avoiding at least the great ten. =.
'ncy to voluntary perjury. lam ella
nslrained, therefore, to recon del
end the repeal of the law. fen
Tho increased number of pris the
ers in the Penitentiary has wa
lde the duty ofinvestigating ap- sid
cations for pardon moro bur- sea
nSome during the past year than sid
common. In large class of me
'cs occurring Immediately after ma
close oil the war, the sentences not
re more severe than had been tho
laI before, owing to the nccees. me
felt by the judiciary TO check COST
apparent tendency to crimes con
violence. In a considerable I
mber OF these cases the judges con
70 regarded i; proper to recon Cor
nd the remission of a part oil Sec
sentence, especially when the ed
immunity seemed to have regain. pay
its ordinary quiet and law abd. ser'
character. | have endeavor. pen
to use the right to exercise traI
mency in strict co operation volt
good understanding with the war
iciary, and the detailed rer rort OF trol
dons issued will show very few vice
cs in which the Judge who tha'
ID the cause has not urged the p'el
don. the
he Secretary of State, besides Sl4
scnting the usual reports from mot
office, has, in obedience to tho allo
uirement of the last General und
collected with great in. allo
try such Information as could tlon
obtained in regard to authen- sum
portraits Of the earlier Goyern. OF u
of tho State, which thcre had ton
~ Il