The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-06-02
THE LAWS DELAY.

THE LAWS DELAY.
There il an abuse connected with the
administration of the criminal law which
calls for serious attention. II often happens
that q crime 6f grave character Is COM
mitted, the supp osed perpetrator arrested an
examination had before committing magls-
trate. an Indictment found by grand jury
or presentment made, and yet period Of
months or years be suffered to elapse before
trial. It is the right Of the accused to have 8
fair and speedy trial It is the interest Of the
public that such trial be had without
delay, while witnesses are present or
near, while their recollection Of clrcum-
stances is fresh. Where dilatory court
leaves the accused to languish in .
Jail for hundreds Of days awaiting his trial, .
very tedious punishment is inflicted which is
unjust, whether he is convicted OF not. Con-
fnement without labor is, when prolonged,
as painful or even more painful than that in
ficted upon those who are found guilty. Il,
after this long confinement, the charge Is not
proved, q very serious wrong is done to the
business, the feelings and the reputation Of
the unfortunate victim of unfounded accuse
ton. He is often poor and powerless, while
the State, the embodiment of justice, is all
powerful and can at once grant Q trial. But
even when the prisoner is unwilling to be
tried, seeking delay in order that evidence
against him may perish, it is the duty Of those
who represent the State to bring his case to
trial at once The speedy and certain execu-
ton of the criminal law is q better protection
to the public than the severity ofits penalties
Another abuse is in granting new trial
after conviction, and then waiting long
period before the case is brought up for the
second time. In the interval it often happens
that important witnesses leave the country or
die. A man convicted of murder can, with
money, procure the absence Of very materi-
al witness. Convicted criminals are some
times wealthy or have wealthy friends. and
are able to make it convenient for witnesses
70 be absent when q second trial is called.
Excuses for delay can be multiplied accord
ing to the ingenuity Of counsel OF the indiffer-
ence of Judges, and the trial be thus post
poned from term to term until It almost pass
es out Of the recollection of the public. We
are informed that there is q murder case be-
fore the Superior Criminal Court sent back
from the Supreme Court for new trial, in
which the principal witness has left the city
since the first trial, which resulted in yer-
dict Of guilty. The evidence was very strong
against the accused, leaving no room for
reasonable doubt that they were guilty Of q
cold-blooded and atrocious murder. There
is reason to suspect that the absence Of the
witness may defeat the ends Of justice.
The general public are but little acquainted
with the tricks and turns by which justice is
defeated or delayed in criminal courts The
people at large have no means Of knowing the
secrets Of court-houses and prisons. They
read in our journals accounts Of many felonies,
and they hear Of numerous arrests. They
know that We have costly courts, respectable
jurors, able lawyers, and learned judges. But
they do not hear Of convictions until long
after the preparation Of crimes. After trial
Is reached, and the memory of the almost for
gotten details of the crime is renewed, for
some cause not understood by the public the
prisoner has new trial granted to him. and
the case sleeps until again forgotten. When
the second trial is reached, important wit
nesses are absent and an acquittal Or modified
verdict il the result.
Trial by jury is in itself hume conces-
sion to him who has for good and sufficient
cause BEEN arraigned for trial II poor he
has counsel appointed to aid him in his de-
Tense. By well ordered rules Of evidence, the
privilege Of cross examination, and the care
Of an impartial judge hss is assured Of fair
trial. All this is Ssliberal concession to
offenders as injured ana outraged society can
we'll afford to grant, One prompt fair and
legal trial having been had there ought to be
vesy grave and potent reasons for granting
another, and when granted it should be held
without DELAY.