Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-12-10
THE CONVENTION OF JUDGES.
What is Said Of it-Exfracts from Let
ters TO the COMPTROLLER.


Judge ]. T. Hall, of Knoxville says: 81
constantly realize the necessity of some
thing being done to relieve the State and
counties of the enormous bills OF costs that
are constantly accommodating in criminal
prosecution
Judge I. r. Flippin of Memphis says: 81
shall try to be with you at the meeting Of
Judges and District Attorneys on the 18th
of January. / am willing to do anything
almost to reduce our enormous eXpendi-
lures, and think can make some sugges-
tions which if acted upon will subserye
that purpose"
Attorney General Holman, of Fayette-
vile, writes: ''The question Of the taxa
ton of costs in criminal prosecutions is an
important one to the people OF the State,
and [ doubt not that the want Of uniformi-
ty in the present system is a source of great
inconvenience, and not unfrequently an inn
position upon the treasury of the State.
''Besides the want of uniformity in the
taxation of costs in criminal prosecutions,
there are other matters Of grave import
ance, which / think should be
brought before the meeting. The General
Assembly has failed, up to this time, to
provide the necessary legislation for the
collection of debts due the State, and l APP
prehend that no class of persons are more
competent to point this out, and suggest
remedy, than those who viii compose the
meeting, suggested by you. | do not think
it would be improper for the meet
ing to recommend to the next Gen
eral Assembly some appropriate leg
islation by which the State can
make available the real estate of defend
ants, in satisfaction of debts due to the
State. For want of this legislation the
State annually loses hundreds Of thousands
Of dollars, and none, [ apprehend, can
more fully appreciate this than yourself;
and / feel satisfied that, if the next Legis-
lature can be made to see it, they will GER
tainly provide the necessary legislation.
E'There are also other matters of great i'm
pOItance to the public economy, in the adj
ministratiOn Of the criminal laws, that can
be profitably considered by the convention
of the Judges and Attorney Generals"
Judge S. NJ. Fite of Carthage says; II
am aware that the costs paid by the State
and counties are enormous and ought TO be
less. This occurs, | fear, more from a want
of a rigid enforcement of the laws we al
ready have, than defects in the laws. l
think, however, some changes for the bet
ter might be made. If criminals were
more promptly brought to trial, our chief
source of big bills of cost would be done
away. And this, it seems to me, could be
done in all our large cities and towns and
ever large counties, when the number Of
courts holden by the Judge is small. But
in a circuit like mine, composed Of eight
counties, there can be only two or three
weeks, at most, allotted to any one term.
There is no room for special terms in such
circuits; and hence, when cause is con-
tinued, it must be to the next term.
But take a court like the Nashville or
Memphis Criminal Courts, where the court
can remain in session, if need be, nearly
all the time, and whern one OF those heavy
cases are called, ifthe State Ordefendantis not
ready. fix a day, say some weeks of, and
then they can get ready; and if still not
ready, fix another day in the same term;
and thus they may be forced to an early
trial. Even in circuits having say four or
five counties in it, this might to large eX-
tent be done.
ave see that in the great cities
in the North, great criminals
are summarily brought to trial, as witness
the WalwOrth case, and, / apprehend, it is
owing chiefly to the fact that the courts are
always open, and, if party is not ready
one week, it can be set for some subsequent
day in the term, and thus the party is soon
forced to trial. We have perniciOus stat
ute, whichpermits defendant, in acriminal
case, to get one continuance, by simply
swearing that there is undue excitement
against him. This is not in fact true in
one case in ten. II should
be left to the sound discretion of the court,
like any other causes. Ii is usually done
to 'tswear out the case or get a chance 10
break jail flour counties were large aud
populous enough to Justify the keeping of a
wOrk-house in each of them, it would save
the counties, especially, from the payment
of immense bills of cost that now fall on
them.
'You intimate that there is wanting
some uniform rules as to the manner Of
taxing costs in the different courts |
know of no way Of eieeting this, except by
allowing to the officers of the court a fixed
fee in each case, and doing away with the
system of small items"