Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-15

were offered to the fourth proposition, which
amendments were generally objected 10 by
a number OF the members of the conyen-
tion, on the ground that they would be too
much OF an innovation on the present sys-
TEN. Some of the members objected to
any proposition looking to a dispersion of
iuries in Grim nal cases, on the ground that
an opportunity will thereby be furnished
unprincipled men to prejudice the minds
OF juTymen. The proposition offered by
the committee WAS finally adopted.
The fifth proposition was adopted with
out debate, as were also the sikh and sew
enth.
The eighth was amended as follows, on
motion of Judge Fife: "Where the costs
have to be paid by the State or county, the
Sheriff shall only have the fee now allowed
by law."
The ninth proposition, In reference to
cases brought before Justices of the Peace,
elected considerable discussion, several
members of the convention saying that suf-
ficient attention has not been given to the
frauds practiced upon the State in many
instances by allowing Justices of the Peace
to tax the State with costs in cases brought
before them.
Judge Guild said that the expense to the
State connected with some magistrates
courts would be sufficient TO run full Cir
cult Court.
Judge Frazier offered the following in
lieu Of the ninth proposition:
'In no case where prosecution is COM
menced before justice of the peace and
the defendant acquitted, shall the State be
taxed with the costs"
The amendment in lieu was rejected and
the proposition recommended by the COM
mittee was adopted.
The tenth proposition was adopted.
Attorney General Frazier objected to the
eleventh proposition that it might do the
defendant injustice from the fact Of his
counsel being unable TO follow the case
where an appeal is to be tried by the Su-
preIne Court wherever it might be sitting at
the time.
Judge Hickerson moved that the entire
eleventh proposition be stricken out.
Agreed to.
ATTORNEY General Heiskell then offered
the following as a substitute for the eleventh
proposition:
The appearance of the defendant in crimi-
nal cases in the Supreme Court ought to be
dispensed with where he is in prison, or
the Attorney General valves his appear
ance.
The substitute was rejected.
Judge HickersOn offered the following as
| a substitute for the eleventh proposition:
That if a party shall be convicted in any
of the inferior courts Of any crime or mis-
demeanor during the sitting of the Supreme
Cont in either of the grand divisions OF
| the State, then the appeal shall be TO the
court then sitting in such division.
The substitute was accepted.
The twelfth proposition was agreed to,
| and the report as a whole then adopted.
ATTORNEY. General Wright offered the fol-
lowing IS an additional proposition, but
| action upon il was deferred for the present;
That in cases, whether felony or mlSde-
| meanor. where the defendant has been
convicted by a jury, and judgment pro
nounced thereon by the Circuit or CTlml-
nal Court, the operation Of said judgment
shall not be suspened by appeal to the SD
preIne Court, unless by order f Judge;
! of Supreme Court upon a certificate by
| them that there is substantial error IN The
record OF said case.
| AN ADDRESS.
Judge Fite offered the following, which
was adopted:
| Resolved. that before the adjournment OF
| this convention. the chairman appoint ;
committee Of three members to prepare fol
publication an address TO the people OF the
State. embodying the amendments to the
criminal laws of the State proposed and
recommended by this convention.
Adjourned cat $50 until Q A. NJ. TO
| morrow. -