The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1872-02-24
LEGAL REFORMS.

we nave received a copy OF the second
biennial message of Governor E. NJ.
McCook to the Legislature of Colorado, in
which some important legal reforms are
ably urged. The abolition of the Grand
Jury system is pressed on the ground that
it is hostile to the spirit of our institutions,
costly, cumbrous, and in many ways inju
rious. Before man can b condemned of
felony two juries must concur, . grand
jury in finding presentment, and petit
jury in determining the truth Of tho charge.
The system is assailed as secret and one
sided. The witnesses for the accused are
not present, and the grand jury being
armed with power co-extensivs with the
country, can summon before them every
citizen, and on mere suspicion vigorously
inquire into the conduct of every man. 1t
not unfrequently happens that individuals,
actuated by pique, and eager to crafty
personal animosity, prefer charges before
this inquest; the machinery of the law is
put in motion, witnesses summoned, the
investigation prosecuted, and bill found;
trial in court follows, and in very many,
probably majority of cases, the defend
ant is acquitted. The fact, however, that
Grand Jury has found bill OF indict-
ment goes far towards convincing some, at
least those who make the presentment,
that the accused is really guilty, and this
belief is based on purely sr parte testimony.
The further fact that a PERSONS conduct is
undergoing, or has undergone investigation.
is we'll calculated to impair his credit and
destroy his standing among his fellows
Notwithstanding the stringency of the
oath which witnesses and grand jurors are
required to take, the facts somehow nearly
always leak out; parties are formed, and
curbstone discussions as to the probable
guilt Or innocence of the suspected per-
sons are diligently carried on, and it is
known that discussions of this kind are,
without exception, fatal to the subject of
them.
Another reform that is forcibly urged is,
permitting defendant in criminal cases to
appear as witness in his own behalf. In
all civilized countries except where the
English language and laws prevail, the
accused is allowed to the tribunal before
which he stands for trial his own version,
explanation or denial, and they are received,
considered, and allowed such credit al they
are entitled to. So early as 1859 the State
of Maine passed an act enabling the defend
ant in any criminal prosecution for libel,
nuisance, simple assault or assault and bat
terry, to 0fcr himself as witness; and in
1868 the law as to the admission of testi-
mony was further extended, and it was
enacted that lin the trial of any indict-
ments, complaints, or other proceedings
against persons charged with the commits
sion of crimes or offenses, the person SO
charged shall at his own request, and not
otherwise be deemed competent witness,
the credit to be given to his testimony
being left solely to the jury, under the
instruction of the court;' and Chief JUS
tice Appleton, speaking of the changes
effected by these enactments, says:-So far
as l can judge, they are favorable to the
ascertainment of tho truth-the great end
for which judicial proceedings are institut-
ed. anticipate from them a greater Ger
tainty of correct decisions in criminal pro-
ceedings. The guilty will be less likely to
escape and the danger of the unjust con-
viction of the innocent will be diminished"
A further suggestion that may not be so
easily defended, but is yet worthy of con-
is, that the ends of justice
would be subserved if majority of a jury
should be authorized to render verdicts in
civil cases. 1t is said, in support of this
change, that the decisions Of the majority
govern in corporations, Legislatures, Con-
gress and the Supreme Court of the United
States, and it is denied that any good rea-
son can be assigned why the majority Of
the jury should not be permitted to make
up the verdict in civil cases. Perhaps it |
would be better to let two-thirds of the |
jury find verdict.
The curtailing of appeals from Justices
VI lilo cdCc, dIlu OIncT ItlOTins VI Vdluo, |
are pressed, but we have indicated enough |
to show that there are leading men in the |
far West who are fighting against the fos-
silsims that interfere with justice in many
of the Eastern States. When Pennsylva-
MIA exhibits spirit the abominable libel
law and similar enormities will disappear;
and it may DO reasonably hoped that in
time a sensible code of pleadings and prac-
tice will supplant the clumsy, costly, and
dilatory forms that have hitherto obtained.
There is room enough in this State to de-
velop many things besides coal and iron.
httsbnry Chronicle.
Pure Ground ROne.-We are prepared
to receive orders for our Pure Ground
Bone, by the single Ton or Car load, and
shall be glad to have those interested to call