Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1872-02-24
e,ita.nItl 2as-iaa 5orfua'.
c. II. " .LEE3, .,a,.,rs and pron.,s
J. Is. ODER, y
FRDSTBuR4, FEBRUARY "a, 1872.
The RIGHTS Of Criminals.


4 IN has recea,'y heen brou sht
before the Maryland Legislature.
. ling he State four pere'aPs"ry
"a 4llenges in cv.m, ~ Gases. where
...a,h. nr confinement in the penit"n
tary, is the penalty. This il intro
uuccI to Offset the right y. challenge
,,Dsscss.L by tie defence, ana to
tncct the cSses Of men who seek 20
serve on juries. iii'imrtH,he State.
~ithoat this ri Gh., i,as been in tnc
lower ii the defence. and the urg"n-
~ of rigid prosecution han often
t.nen impaired, if not defeated, 10y
fnc lack If adequate i"Y"tstIire pow
ct in thu fh ,;cc o: jhri"s,
This appears to be E step toward
a more wholesome administration OF
,sticc--eao which. probably. the
r.iminal class will regard as Of ,"no
,aI,ng tendencies. They have +"
! ng been accustomed 10 their nu-
raeruus roditicd chances of escape
from punishment, they 10 not rc!ish
measures proposing statements q
the precious privileges thereby CON
'erred 1t is sort OF progress they
cannot admire, since it tends to con
ne rascality within iron bars, OF
b ing it by the throat.
The distinctions between law and
Justice are sometimes slight-snine
times wide. The ideas Of both vary.
~ progress. with the Intelligence OF
-uccessive ages. Like all else their
iinpcriectirns stare us in tn" face
every day. AMI more than all els"
r..lies upon precedent 10 guide to til,
decisions of more advanced age.
That the privileges of criminal
should be abridged from the presen,
elaborate catalogue must. sooner o.:
later, be effected, is manifest from
the acccleratir & necessity for more
searching Investigations, more III
spsring prosecution and a greater
economy of executive clemency.-
The remedies may not always meet
the disease. but specifics must he
sought, notwithstanding.
The present system Of criminal
Jurisprudence pr"pon,lerates in favor
ot crime by giving the prisoner the
selection, in part and Indirectly. OF
Lis jury. lie is then acquitted. un-
less the State proves him guilty or
If Il doubt exists, he must have its
benefit. The jury must he unani-
mo"s dead lock may evcntuate in
scquit:al Conflicting evidence may
promote this, or good counsel (fur-
n!shcd by the State, if necessary
may evolve false. though telling
conclusion. If he'is convicted, then
follows the writ of error and appli-
cation for new trial. Succeeding in
this, the chances for him multiply -
Beyond second conviction the pc.
tition for pardon lies in wait.
Acquitted, the State surrcnhers it's
casc-pursucs his life no further
Nor should il, as the spirit of our
system fnrbids it But the improve.
ment snggested in the bill referred to
is far behind the demands of aug
mcnting emergencies. The rapid
increase Of crime daily calls far more
efficient dealing The law must, il
possible. hedge itself about with less
Of re nedial and more of preventative
power, even if IT results in the entr'
abolition Of jury trials.
DEATH IN the Coal MINEs.-Thc
statistics flu finished 10y the PennsyI-
,ania mine inspectors in the anthra
cite region are almost complete ful
the year 1871. The d .ath record in