The Columbia herald. [volume] (Columbia, Tenn.) 1850-1873, 1871-09-15
A Criminal Court Demanded.

Tho Judge Of this 9th judicial Cir
cult j. required to perform work that
no mortal man can do, and live long
under 1t. Let us prove This. He Is
required TO hold three courts each year
in Ave counties, that is, Is terms q
year. Begin for instance at Columbia,
the Court continues Elk weeks each
term, Mt which time il j. compelled to
adjourn for the Court In Marshall
c"uuty. Now I'm the Maury Court
there are 800 cfscs Oh the civil docket
and 300 on the criminal docket, large
number Of the latter being felonies,
xix cases Of murder, several for malici-
o,is shooting and st1bbing, and many
for .tealIng. The State docket Is
taken up the third Monday Of the
TERM, and always consumes the balls
ancc Of the term. THE leaves two
weeks TO try 500 civil CT scs, which Is
All impoeslbiliiy. The result Of which
b shat 400 civ;' c2ses are necessary
postponed to the succeeding term.
By which term, by new suits, appeals,
&C., the dorket again numbers 500.
Now this results in total denial of
trial of suits on the civil docket In
Maury county,, and 1t IS the same In
the other counties. 1t Is admitted by
every member Of the bar, that it is
impossible 10 try the cases OIL the
civil d, rket this term. Clients are in
waiting with their witnesses from
day to day. Costs to . large amount
accommodating which somebody must
pay, and Ut last no trial. With all
the honest efforts Of the Judge and
bar, three-fourths Of the suits OH the
civil docket cannot be tried. No time
Is lost, the Court commencing daily
at 8 a. NJ, and continuing to 6P.M.
Another fact is, that the State docket
is increasing, owing mot to the in
crease Of crime) but to the increased
vigilance Of the Attorney General and
Grand Jurors, and also to the increased
facilities the Legislature has from
time 10 time given to grand juries
with power to send for witnesses,
when heretofore they had no such
power, and also because the Leg :sla-
ture has creuted oIenses not hereto
fore known to the bar, among which,
as an instance, carrying weapons may
lie mentioned.
Then the Judge holds eighteen
weeks In MaUry, in the year, rine In
Marshall, nine in Williamson, nine
in Giles and six in Lawrence; making
I'm all 81 weeks constant work in a
year. No man can stand this labor.
We are informed that since the 4th Of
September 1870, orr Judge has not
had one days rest except Sunday.
Both body and mind must give way
under such labor; and with all this
labor the cases on the dockets Of the
several Courts are not, and cannot be
tried In the time the Court Is allowed
TO set In each County before having to
adjourn and 60 to another County.
This ought not to bc so. Time
should he allowed to try all the cases
I'm Court, and not ruin our citizens
with delay and costs. There arc now
I'm our jail, we are Informed, Is persons
charged.with felony, and many out on
bail. They, and the other criminals,
must he tried, The Constitution says
they shall have speedy trial; it Is
proper on their own account, and also
to rave costs to the State. Now, how
Is all this to he remedied? We an
swer, the Only remedy is to have
Criminal Court I'm this Circuit, or Gre
ME new Judicial Circuit, and lessen
the coun ties In this Circuit. The first
" ould he hest, es in all cases 1t IL safest
and best II Il can be done that Court
should be established to administer
one branch of the law alone and not
various branches. Separate the Civil
and Criminal business-you then try
all our Civil cases as we'll as. CRIMINAL
without delay; besides 1t saves costs.
II can lie demonst rated that the saw
ing 10 the county aud State by having
shorter terms of the Court and speedy
trials, will more than pay the
salary Of a Criminal Judge. Let us,
then, BY oil means have Criminal
Court established, but let the Clerk
of the Circuit Court be the Clerk of
both Courts, In order to secure COM
pe,ept Clerk, in as much as II the fees
OF the two Courts are given to two
Clerk. il will not amount to enough
to justify a competent man in taking
the ofIlc, 1T will not pay. More on
this subject hereaf.er-we wish to hear
from other counties in the Circuit
Giles has already spoken, and recon-
mends separate Circuit Court. Her
Grand Juries have recommended II,
her lawyers desire II and doubtless the
community wish ii.
We believe Williamson county lbs
expressed a desire tn have u separate
Criminal Court. OF this we are not