Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-09-12
Character Of ihs Press, and Trial Of
Criminals.


since withdrawn myself from all par
ticipation in public matters, aud had
pretty well ceased to feel any interest
in them until two editorials appeared
in your paper, one of date the "a inst,
and the other ofa subsequent date, Sc
manitestly iu the right direction that
I cannot well refrain from giving you
thanks on behalf of the decent and
law-abiding portion of our people. In
one you strike a bold lick for the re-
formation of the press; and in that
you struck a chord that reaches to the
very heart of our people. The truth
is, gentlemen, the decent portion of
our people have long since ceased to
read with interest, and in
many instances have ceased to
read at all what is known in neWspa-
per slang 'the current news of the
day" But 1t is not my intention to
enter into the merits of the question.
This will be much better cared for in
the hands of the political editors of
the APPEAL than in mine. A faith
ful execution Of the task, gentlemen,
will win for you the gratitude of all
that portion Of our people whose graf
itude is worth having.
On the subject of suppressing crime
and Furnishing criminals, let me make
a suggestion that think will do well
for the country if you will elaborate it.
l do not readily see the prOpriety of
abOlishing the time-hOnored institu-
ton of grand juries. 1t is is a system
fraught, think, with good to the
community, and is one of the great
safeguards to public liberty. It's not
in the action Of the grand juries that
we should seek to find the source of
our weakness in the enforcement of law
and the suppression OF crime. That
weakness is found in the after action
of the courts, and the impOssibility Of
administering swift justice under the
present mode of trial. l think it took
nearly, if not quite, four weeks to try
Graves and POstOn; nearly, or quite
the same, to 90 through the farce of
trying Myra Day, and more than two
weeks TO try w. Y. Roberts. Now,
if you will look into the records of
these trials, think you will find
about tWo-thirds of the time, If not
more, was consumed in selecting the
iuries; that in the three cases more
than fifteen hundred men were sum-
mOned and had to attend at the court
room. The expense to the public and
the loss of time by those who had to
be there and answer to their names,
are among the smallest evils attend
ing upon that mode of trial. The
large portion of the time required to
dispose Of these character of cases
leaves too little time for the dispOsi-
tion of other cases of less Importance,
and consequently thejail is constantly
crowded with offenders, who ought to
be disposed of in a few days, and,
hence, the enormous cost to the State
and county. Now for a remedy. It
is short and plain: When our Legis-
lature meets, let it at once provide a
Criminal Court for the trial of all fel-
Onies, except larceny. Let the court,
like the admiralty, be always open.
When murder occurs let the Judge at
once convene the court, if not in actual
session, and upon the pending of a
true bill, make it the duty of the judge
Of the court, the clerk and sheriff, to
make out list of fifty good and true
men, none of whom shall have wit
messed the transaction nor have heard
the testimony delivered on oath, and
who are not of kin to the prisoner or
prosecutor, furnish the prisoner with
copy Of the indictment and a copy of
the list Of jurors, and let him strike
from the list one, or even two names,
the State one or so on, alternately, un-
til the number s reduced to twelve;
and let those twelve try the case. OF
course all questions Of delays must be
left to the sound discretion OF the
Judge as now, but then the Judge
could under that system grant a
reasonable delay without being COM
Delled to grant it for four months, as
now. Select a first-class lawyer for
AttOrneysG General Of the court, and
man for Judge, who is not afraid to do
right, and II the county had to pay
their salaries it would save from forty
to fifty thousand dollars per annUm by
the system-perhapS more.
Such plan would soon show a very
different state of things in our midst.
1t would call to the trial of these cases
different style Of legal talent from
that which now monOpOlizes the prac-
tice in the Court. The truth is law
yer engaged to civil practice can't
afford to quit his civil business
for the trial of criminal
case and give his whole time
for three, four or five weeks, day after
day, to the trial of single cSuse in
the Criminal court. The result Is the
Criminal court, like an old road
wagon, falls into certain ruts, and you
can't get it out of that beaten track,
and the same old pace; and there Is
the old wheel, and the old lead horses,
and the rickety old thing grinds On
week after week, month after month,
and year after year, at an expense
that amaZes every one, and still
crimes are multiplied, and criminals
laugh In the face of an insulted public.
i do not intend the slightest refiee-
tion upon the Judge, Attorney Gem
eral, Clerk or Sheriff of the Criminal
court. They are all gentlemen aud
good officers. The fault Is not with
them. 1t is inherent in the system.
A single bill before the Legislature
passed into law would Lift this incu-
bus fiom the shoulders of our people
and save thousands OF dollars per an
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