Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-12-04
CRIMINAL PROSECUTIONS.
Some Suggestions from an Attorney
General.

General.
An Attorney General in one of the Cir
cults OF the State, addresses letter to the
ComDtrolleI, giving memoranda of Sug-
gestions on The subject of criminal prosecn-
lions and incidental costs. Hissuggestions
are as follows:
l. The costs of all State warrants from
Justices of the Peace, .siGiSSa! witll~7l an
indictment found, ought propc..} 10 De
chargeabe to the county. Justices of the
Peace too often send up warrants for frivo-
lous charges to obtain their costs, and being
members of the County Courts, they would
have to account for it there.
?. Offences of the grade Of petit larceny
and obtaining property fraudulently etc, etc
ought to be in a proper case punishable by
fine as misdemeanor. In West Tennes-
see, large number Of criminal prosecu-
lions are for petit larceny among the color
ed population. The bonds required by j.
Ps are too much, and SO they go
Jail and are kept by the State
at go cents per day for months, when they
could give smaller bonds, and could pay
costs, if the crime was a misdemeanor.
Over $40 and under S25 ought to be petit
larceny, and over SIS for grand larceny.
3. The workhouse system should be en-
forced, and two or more counties ought to
unite to keep it up. After defendant is
fined, he has only to ''swear out" as the
expression is, under pauper oath, and throw
the cost back on the county. In fact there
is no punishment in it, and it is even laugh
able that the State should practice such "a
Joke" on criminals. Let the law make it
optional with offenders in Jail before YER
dict, to work in the workhouse or on roads,
streets, and even fields, if they see proper to
hire out, and in the event he is acquitted,
let him be paid so much day for his labor;
if convicted, let it go toward liquidating
cost and fine.
4. The greatest items that l have to sign
in cost bills, is Jail fees, and it is difficult
to see how this is to be reduced. Perhaps
60 cents per day is too much. 1t amounts
to SIS per month. This is more than the
ordinary board through the country which
is far better than jail fare. The county
| furnishes the house, fuel, bedding, and the
Tailor only the fare of common sort.
5. Keeping juries in felony cases is now
SIS per day, or 1.25 per man. Hotels will
always demand this, but there ought to be
! a more economical means of keepingjuries.
| We pay the hotel man S1.25, and the juror
81, making 1925 per day for juror.
| Twelve men costs us $50 per day. Quite
an item in a case OF any magnitude, and it
| is too much.
6. The manner of electing jurors in a
felony, is expensive. Ordinarily, in case
of any Importance, there are one hundred
men brought to the court house, fifty-seven
being the largest panel. The defendant
challenges thirty-fiye, the State ten. Forty
five out of the fifty-seven are gone, and the
balance, for one cause or another, are not
required or excused and unaccepted, etc.
etc Now, the number of defendants
challenges is too many. To take thirty
five men out of fifty-seven, is to leave to the
lawless the prosecution Of the lawless; and
it practically works that way.
7. There is one suggestion which | will
venture to make at the risk of being sus-
pected of selfish motives, but which | be-
lieve is fruitful cause of public ex-
pense. / can now with more safety make
it, as my present purpose is not to hold my
office long enough to he benefited by the
change, if indeed it can be beneficial.
allude to the present system of perquisites
in felony cases. So long as the State re-
quireS the District Attorney to depend
upon his fees for compensation in this class
of cases, so long will he seek for and prose.
cute all felons, even the smallest offence o.
felony to secure his fees. Now technically
he is right, and is sustained by the law
But since we may never expect to find mer
free from crime, some discretion to thu
District Attorney in selecting and discrim
mating among small offenders for an er
ample, would be by far a bette
policy, and one which would prove mucl
more economical in its practical workings
Let the State pay 81 600 for felony prosecgt
tions to each District Attorney, leaving hi!
misdemeanor docket as it is, and my wore
for il, with the adoption of few other Sug
gestions as to jail fees, Jurors fees, and }
p. fees, aud the reduction of the grade o
certain offences, we would cut One-hh
the public expenses down. The system o
perquisites in this matter has proven fail
ure in most of the other States, and my OBJ
serration and experience shows to me it
folly in Tennessee.