Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-06-14
LAw.BREAKERS.
A Protest Against the claws Delay"
Professional Jurynen q Profess
slopaL. MISUNDERSTANDING About
tt,e tennessee state Prison.


becoiiies advanced in civilization and re-
finement. he vezrns to steal his neighbors
goods and chattels, burii he house, take
his life. and do divers and sundry unlawful
and wicked deeds which necessitates the
establishment of courts and the building of
prisons with heavy chains and ponderous
doors. 4 is curious fact that, with the
free circulation of TIE Bible and the cree
ton of churches and school-hotises, mans
inherent propensity to inJure bis leilo" De-
comes more and more apparent.
Out in the mining districts OF the lar
West, the miner who wishes to leave MS
shanty and remain away week, closes the
door of his temporary domicile, and re-
turns 10 find his personal effects precisely
as he left their, though no bolt nor bar has
prevented free ingress to the unprotected
cabin. Yet the population OF the mining
districts is partially made up from despera-
does from all the countries under the sun
men who are capable Of deeds, the recital
of which would chill the blood IN ones
veins. but notwithstanding this, life and
property are more safe in the d1tPosts OF
Montana and Nevada than In the
State of Tennessee. Out In Mon
tana and Nevada when man does
violate The laws of the land, he is brought
to trial at once. and if the proof warrants
is driven from the settlement or hing TO
the nearest tree. In the States, a man who
commits crime passes Though prellmi-
nary investigation, and then, il the eVi-
dence is very strong against bin, is bona
over to stand trial in the criminal court,
before '.jury of his peers"
There may have been an interval of sew
eral months between the preliminary in
vestigation and the calling Of the
case in the criminal court. Then,
when the case is called, the
counsel for one or the other is not
ready, and the case Is continued. After
several cOntinuances, a jury is finally en-
panneled every man who has read, or
heard Of the case being carefully excluded
as a juryman-and the trial is proceeded
with. The examination of witnesses oc-
cupies a weeks time and then for two DAYS
the counsel in the case work upon the feel
ings of the jury, shouting themselves hoarse
in endeavOring to make the twelve good
men and true" believe that white is black.
and rice uersd. The case is finally given
to the jury, who retire to deliberate, conf
ing in the next day to report that they find
themselves unable to agree upon a verdict.
Then the prisoner is remanded to Jail, to
await another term of the court, when a
second trial of the case is had. This time,
il NAV be. verdict is rendered against the
defendant, whersupon his counsel files a
motion for new trial: The motion is
argued, after another,d delay, and is probably
granted, when the same long-drawn-Out
humbuggery is repeated. If the new trial
is not granted, defendants counsel appeals
the case tothe Supreme Court, and in this tri-
bunal DELAYS frequently ensue. By the time
a final hearing is reached, the public have
forgotten the circumstances connected with
the crime witnesses have died or disap-
peared, and in many instances The crimi-
nal is released, or has improved an oppOrtu-
nifty TO escape, and the case never reaches
final hearing. Not long since, man
who was convicted Of killing his wife, in
this city. was taken to the pehiteIitIary
after five years Imprisonment in the coun-
~ Jail, during which time his case was
dragging its weary length through the
courts.
The result Of this delay in the trial of
criminal cases is that crime is constantly
increasing, and will continue to increase
until there is a radical change made in
the law of the land, so that criminals may
be brought to justice Immediately and the
professional juryman kicked ont Of the jury
box.
THE TENNESSEE PENITENTIARY.
In common with the history Of kindred
institutions all over the land, there is a
constant increase of convicts at the Ten
nessee PenitentiaTy, and there are to-day
more criminals confined therein than at
any previous time since its erection in 1850.
January l, 1872, the number was 752; July
| l, 1872, T63; January l, 1873, 7SS; July i,
1873, 1872; January 1, 1874, 744, and on
June Is, 1874, 905.
OF this number sixty eight per cent. are
colored, thirty-nine of whom are women,
the latter being employed principally in the
laundry and cook room. Among the con-
victs, every State in the Union is represent
ed, there being fifty from New York alone.
Twelve Of the prisoners were sent to the
institution by the Federal Court, the ma
jority of the number being East Tennessee
counterfeiters.
The prisoners outside the penitentiary
walls are distributed as follows:
Sewanee coal mi es. 135
Battle Creek coal mines. ............. %
Paducah Railroad. NEUTRALITY-SUSPICIOUS.. a
Cumberland and Ohio Railroad. ...... 80
Nashville and Northwestern Railroad.. 20
W. r. Oliver d Co. %
j. &. Harlan. .-................... D
ID. Ii. McGavock.. NEUTRALITY-SUSPICIOUS.. 10
At this time there are in hospital and ex-
cused from labor 20 prisoners, while 80 are
engaged in cooking, washing and on police
DUTY There are hospital accommodations
at the prison for 50 persons.
In December, 1871, the labor of the con-
victs was leased for term of five years by
Messrs. O'COnner, LoOney and the Hume
Brothers, they agreeing to pay the State
So. 900 per annum and bear all the run
ming expenses of the penitentiary. Soon
after the contract was made, the style of the
firm was changed to Cherry, OCOnner u
Co., Mr. W. II. Cherry becoming one OF
the firm and Mr.. LOoney Withdrawing.
Previous to the leasing of the prison, it
had been run by the State at loss OF
STA, 600 per annum, on an average, since
the war. At present the running expenses
of the establishment, for board, clothing,
hospital attendance, guard hire, etc, is
about S15, 900 per month, or SlS0,OOO p T
annum, making the total outlay required
| by the ieSseeS, each year, S2l3,OOO.
Only five per cent of the cOnvicts learned
trades before becoming inmates of that in
stitution, and none who have less than six
wears to serve are taught trades at the pen
| itentiary. At this time the following trades
are pursued by the cOnyicts: Cabinet
| making, blacksmithing, stone cutting, tail
| oring, shoe-making, basket. making, paint
| ing and turning. In selecting trade for
| a new conner, the convict is always consult
ed as to his preference. The prisoners are
| all well fed, are in excellent health, and
upon being visited by a UNION AND
AMERICAN reporter yesterday, appeared to
be in as good spirits as is possible for any
| one to be under the circumstances.
Among the most noted United States
prisoners confined in the penitentiary are
Joseph Blackburn, T. d. Evans, committed
| for forgery, and Thos. G. Boyd for present
| ing andcollecting fraudulent claims against
the government. Each of these persons
was sent up for five years, but by the ruling
| of the court at Knoxville, the latter is not
required TO do any manual labor. He
passes his time in making ornamental
| frames, reading and writing. Evans is eli
gagged in the hospital as prescrip-
zionist. and is said to be a number
one druggist. Blackburn, as has here