The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-10-22
Unnecessary Expense in the hd-
minisiratfo OF J Justice-A sugges-
tfnn To the Legislature.

changes in, and additions to, our stat
utes. ought to be made. The public
have the right to know what defects
exist, il any, and Whist changes will
tend most to the welfare OF the entire
State. With this view, I desire to call
attention to chapter 80 OF the Acts OF
1873. 1t requires that every person
charged with felony, shall be examined
by the County Court as to whether
there is probable cause to believe that
the accused has committed the crime
charged. 1t provides that all witnesses
for either the State or the defense shall
be examined by said court. Ii after
the hearing before the County Court, 1t
believes there has been probable cause
shown, the prisoner is remsnded for
trial ir the Circuit Court having juris-
diction-tbc Court shaHtake the dspoSi-
lions OF all material witnesses on .uch
examination, and require recognizance
of such witnesses. The 9th section OF
the act requires a certificate OF the
County Clerk to the Clerk OF the Cir
cult Court, and another to the Prose
outing Attorney, setting forth copy oi
the order remanding the accused, the
depositious taken on the examination
before the County Court, and any
warrant 10 the case which remains
filed in the Clerks Office.
Such are, in meagre outliDe the pro-
visions Of this chep'er. The question
arises, is it cheap Is it speedy in lis
operation2 Is it necessary? What WAS
wrong in the system adopted in 1868?
(See acts OF 1865. chapter l9)
Prior to July 22d 1868 the old county
sonrts Of Virginia, exercised the pow
-. or nearly so. conferred on oar
,,uatv courts by chapter 80 OF the acts
- 1878 From July 22d 1868 until
.ril Sd, 1873, nearly ten YEAR, q d fl
"n' system prevailed That system
,..s, in brief, this: When g person
charged with either felony or mi-de-
meanor was arrested he wss brought
before a justice, and an opporiunit ygiv-
en- him to procure the attendance Of
witnesses and counsel, and full OPP
portunity given the prisoner TO excul-
pate himself, il possible II the justice
believed that probable cause had been
shown, that the accused was guilty, the
cause was sent forward 10 the circuit
court tor indictment by a ga 4 jury,
and final trial, if q true bill" found
In order that the contrast between the
two systems may be !ully comprehend
ed, / would ask the intelligent reader to
procure the two acts and read Tor him-
self.
What public necessity demanded
that the complex, expensive system
OF preliminary hearings in criminal
cases as provided in the chapter under
discussion, should supersede the plain
provisions Of the act OF 1862 II the
experience OF ten years developed the
fact that the rights OF the citizen were
infringed, or taken away without due
process OF law, we might be content
with its delay and its great expense.
Let us see its practical workings.
First, q warrant Issues from a Justice;
after the arrest Of the accused be is
brought before some Justice for ex.
animation as TO whether there is pro-
bsble cause to believe him guilty OF
the ofense charged. At this examiDa-
ton witnesses Tor the State and for the
accused must be examined, costing the
public in proportion to the number Of
Witnesses, mileage, DC. Counsel for the
accused shall be heard asking for his
d,scharIe. II after all this the Justice
thinks there is probable cause to believe
the accused guilty Of felony, he shall
be committed to jail or enter into re-
cognizance Tor his appearance ct the
next examining court teld by the couU-
~ court. The Justice may, il be deem
proper require the witnesses to enter into
reconizauce for their appearance at the
came court. In the county court pre-
clsely the same thing is gone through
with again, aud the depoSitionS OF ma
terial witnesses taken. After the cer-
tifcates OF the county clerk, deposi-
tions, warrants, &c, have been receiv-
ed by the circuit court clerk, then and
then only is the Prosecuting Attor-
ney authorized to prepare en- indct-
ment against the accused Then comes
third preliminary hearing before the
Grand Jury. II they believe there hss
been probable cauSe shown ol the guilt
OF the accused, they find true bill"
and the cause is ready for fnsl trial
provided an ingenious lawyer does no:
have it quashed for informally. After
hard fight, the prosecuting attorney
may succeed in convicting, and the
court may pass sentence But, the
probabilities are that, il the prisoner
has any Influential friends, ne is but a
short time in the Penitsntiary until
Executive elsmeney iDter'eres, and turns
loose pom the community one OF its
most dangerous criminals
Such is the long story Of the admin
istrauon OF our criminal law. Again
We ask, ia it the speediest? Is it the
best7 Is it the cheapest AS popula-
tlon Increases, ana D country grows
older, 90 does crime become more fre-
quent, and criminals more hardened
The careful legislator will see that the
means OF puDishing crime, sDd the
speedy administration oi the criminal
Law, keep psce with the iniractions O.
our social compact,
II our people will but study the De.
lays and expenses,.the labor aud uncer-
tsinties OF the present system ol prose-
cutting persops committing felony, they
will demand the repeal OF this statute,
which is bat a sort Of worship OF sys-
TEN OF laws which bsve outlived their
usefulness, il ever useful, and 10 no
manner in harmony with the spirit 0!
the age. l may again call attention 10
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