Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-14
THE wEARERs OF THE ERMINE.
Convention Of Judges and Attorneys
General.
Important Measures Adopted.
First Days Proceedings.

First Days Proceedings.
TUESDAY, Jan. 13, 1S74.-The conyen-
ton ct Judges and Attorneys General was
called to order at 11:30 A. N. in the Senate
chamber, Judge Guild being called to the
chair, and Attorney General Newton Hack
er, of the First district was elected Sec
rotary. The following is a list Of
THE JUDGES AND ATTORNEYS GENERAL
| PRESENT
at the aSsemblage of the convention:
LIST Circuit-Newton Hacker, Attorney
General. I'd Circuit-P. G. Fullerton,
Attorney General. Sd Circuit-N.S. Weik-
er, Attorney General. 4th Circuit-Jno.
5. Hoyt, Judge;;'J. A. Frazier, Attorney
General. 9Th Circuits. NJ. Fife, Judge;
Geo. II. Morgan, Attorney General. 9th
Circuit-W. p. Hickerson, Judge; j. ID.
Holman, Attorney General. It'll Circuit
w. II. Williamson, Judge; NJ. w. Nc
knight, Attorney General. 10th Circuit
j. Z. Rice, Judge. 10Th Circuit-D. h.
Young. Judge.
Memphis Criminal Court. r. Flippin,
Judge.
Davidson County Criminal Count.
H. Frazier, Judge, A. j. Caldwell, Attor-
ney General.
Criminal and Law Court, Davidson
county.-Jo. c. Guild, Judge.
Attorney General and Reporter, j. Ii.
Heiskell.
Criminal Court of Williamson, Maury,
Giles, etc.-W. S. Mcmillan, Judge, 10.
II. Fussel, Attorney General.
THE OBJECT IN CALLING THE CoNVEN-
TON.
At the request of the Convention, John
c. Burch, COMPTROLLER of the State, briefly
stated the object in view in calling the Con-
vention. He said that when he came into
the Office of Comptroller, he was unaware
of the very great difference there was in
the minds of the judges with reference 10
the points in a bill of costs. There has
been general desire that these differences
should be regulated.
Take, for instance, the item of turkeys;
some Judges rule that the law which allows
the tailor fifty cents for each turnkey means
that he shall be allowed fifty cents for tax
ing prisoner out in the morning, in the
trial of his case, and fifty cents for return
ing him to Jail at night; while others rule
that he is to be allowed fifty cents for every
time the prisoner passes in and out during
the trial. = Upon the subject of
DAY BOARD FOR PRISONERS;
there is a great diversity of opinion, some
Judges holding that if prisoner takes but
one meal per day, it counts days board,
or if he 90 to Jail after dark, and is released
after breakfast the next morning, days
board is allowed.
The cost to the people of the State for
criminal prosecutions amounted last year
to not much less than aquarter OF million
of dollars. That expense can be very large
" reduced without change of the law and
still more reduced by changing the law.
No parties are better able to make wise
suggestions to the Legislature, on these
points. than the Judges and District Attor-
news of the various courts of the State.
LAST YEATS EXPENSES.
The speaker presented the following
memorandum of the expenses of last year:
For ordinary items, S122, $40; Jail fees, ex-
elusive of Davidson and Shelby, $5l ,49T;
Davidson Jail fees, 81, 65S; Shelby Jail fees,
S2O.g97; for bringing convicts to the peni-
tentiary, Sl0,122, making an aggregate Of
nearly S225,0OO, for which sum the people
OF the State are taxed.
With reference to the item of bringing
convicts to the penitentiary, the speaker
cited gross over-charges for mileage and for
and excess of guards. One man stated, in
EXPLANATION of an Overcharge in mileage for
sixty miles, that he has been bringing pris-
- Nashville for six years and that
sneTs ~ ''oAn made out for that
his bill i'as arrays - extra sixty
distance and payment f5- tn,
miles had never been refused before;
Another official who brought in six pris-
Oners. brought twelve guards; nJtwith-
standing that the prisoners We're i;sEE
cuffed. Payment was allowed only three
of these guards.
In another instance a sheriff from the
western pert of the State brought sick
nan rs far rs hon aqua Springs, and there
left him. Coming on tn Nashville with
his prisoners, the sheriff not Ciily claimed
pay for this sick man as guard, but also
claimed for the entire distance TO and from
Nashville.
Another sheriff who brought convicts to
the peniteutiary last May, had three of his
sons, sged twelve, fourteen and sixteen re-
spectiyely, cOIIie dlUiig for the purpose of
visiting the Exposition, and claimed pay
for them as guards, though the law says
distinctly that guards shall not be less than
eighteen years of age.
The speaker thought it was high time
for evils of this character, and many others
which arise under the present diversity of
opinion on the part of Judges, to be- cor
rected.
Judge HickeTson said that the duty
of the courts to haze some uniformity in
bills of cost, was self-evident proposition,
and that it is the duty of the courts to reg
ulate this matter at once. He was we'll
aware of the fact that there is a great dis
crepancy in the various courts of the State
with references 10 this matter. We have no
power to legis1ate, ard Hliat we suggest
may not be needed, but that does not lessen
our duty as officers and citizens, in the
premises.
JURIES IN CRIMINAL CASES.
Judge Williamson offered a resolution to
tie effect thst iuries in criminal cases be
not kept confined during tile tendency of
trial, but be allowed the saIrie liberties rs
z jury in civil case.
COMMITTEES.
Judge Williamson offered the following:
First. That a committee of six be ap-
pointed NifU shall report what items of
cost are charged to the State OF County in
criminal prosecutions, and report the iteIfiS.
Second. That committee of six be ap-
pointed who shall consider and report what
reforms ought to &c recommended to the
lc8lSldIllIe, Will d NlCN " ScCtiIt HUI tI-
ficient execution of the criminal laws and
the saving expense to the tax payers.
TIE resolution was adopted, and the fol-
lowing were appointed said committees:
First. Judges Rice, Young, FlippiG,
Hoyle, and AttOrnieS General Frazier,
Holman, Welker, and Heiskell.
Second. Judges Hickerson, Fite, Frazier,
Williamson, and Attorneys General Cald-
well, Hacker and Russell,
The committees were instructed to re-
port at 2 p. NJ. tomorrow.
DEBTS DUE THE STATE.
Judge Holman offered the following,
which was adopted;
Resolved, That Committee of three be
appointed, whose duty it shall be to ascer-
tain and report what defects, if any, there
is in the law as it now is, and what legis-
latiOn, if any, is necessary to facilitate the
collection of debts due the State.
Attorneys General Holman, Mcknight,
Morgan, Attorney-General Heiskell and
Judges Fulkerson and McLemore were ap-
pointed said committee.
APPEALS IN CRIMINAL. CASES
Attorney-General Heiskell offered the
following resolution:
Resolved, That the law allowing appeals
in criminal cases requires modification and
restriction.
In support Ofthis resolution, Gen. Heis-
kell, said that vast amount of expense