Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1873-02-06
NO. WALLACE. ]


mitting aprisoner one continuance
upon his oaoa gffdaeI atone, tha
there is ''too great excitement t
his prejudice, TO come to trial a
the fist term at which the case i,
regularly triabIe," is not produc
tive OF more evil than. GOOD
/ Unscrupulpus prisoners uniyer
sally avail themselves of this pro
vision Of the section referred to
merely to gain term, when IL
fact no such excitement exists.
! While the prisoner should be
allowed to continue, when there is
too much prejudice for him to safe.
ly 90 to, trial, yet the privilege
could be guarded by requiring the
affidavit of disinterested parties
to the fact, and thus put it beyond
the. power of such INSCRIPTIONS
persons to postpone their trial up,
on a mere personal affidavit, III
cases where, in fact, no sufficient
excitement exists. 1t is believed
that such modification of the sec
ton referred to, would protect the
rights of the prisoner, and at the
same time prevent large amount
of cost aga nst the State. -
And, appropos to the general
SUBJECT, | desire to call your ,atten-
ton to the question Of " - GA
THE PLEA OF INSANITY IN CRIMINAL
CASES. oa O. - 0L-
1t is a subject Of extreme deli
cacy, but of great and increasing
Importance to society. 1t shocks
every sentiment of justice to pun
ish a human being for an act
which is the result Of mental de-
raDgement raflier than Of moral
depravity. And yet, il may well
be doubted whether this sentiment
is not rapidly leading to another
extreme in the ADMINISTRATION OF
the criminal law in American
courts. Society, as well asotthe
individual, is vitality interested,
and should, by all means consistent
with justice to the accused, be
protected by the Legislative De-
partment.
In the absence Of any special
legislation in Tennessee, the Su-
preme Court has held under Its
opinion of The weight of American
authorities on this subject, that in
felony cases the existence of rea-
sonable doubt of the sanity of the
accused, when the act with which
he is charged was committed, en-
titles him to acquittal and dis;
charge, Notwithstanding the proof
otherwise may be full and COM
plete against him. tbs not my
purpose to discuss the suuudness
of his ruling, but only 10 call
your attention to the subject, and
suggest the question, whether this
rule, founded in extreme tender
ness for the life and liberty Of the
citizen, should be extended farth-
er than cases of capital felonies (;
and whether in all inferior grades
Of p'ofenses the plea atf insanity
should not be sustained by salts
factory evidence, like all other
pleas.
But however you may dispose
of this question, / most earnestly
recommend that you require that
in cases Of acquittal, upon the
plea of insanity, the jury shall
so return their verdict, and that
it shall then be made the duty of
the Court to send the accused to
the Insane Asylum, only to be dis
charged when, in the opinion of
the proper officers, all danger of "a
return Of the malady is removed.
Society demands at least this pro-
lection. hs2SD -ias s;l y hhoL
CRIMINAL PROSECUTIONS. q ,.
The great expense attending
the execution of our criminal law
has been often referred to by the
State officials, and yet the. evil is
not abated, but instead, the cost
of criminal prosecutions is year
after year, increasing, until in
some localities the amount aetua.-
lly paid out of the Treasury for
this purpose, exceeds the entire,
revenue derived by the State
from that locality, and we have
the strange anomaly presented
| to us, of the crime Of a commul
nifty, proving a source of revenue
to that community The Comp.
ltroller's report will show an alarnl-
ling increase in the cost of crlml-
nal prosecutions. 1t is believed
that more stringent provisions for
lexamination of bills of cost by
the officers of the Criminal Courts
should be made aud enforced.
In other States, the system of re,
quiring the several counties to
pay the costs of their criminal