Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-01-08


avoided, and thus one step taken In the all i'm /
portant object Of reducing the cost Of criniinal /
prosecutions. The establishment Of the work 1
house system in the several counties would re- /
lieve the state Of an enormous burden, and at i
the same time prove source OF Revenue 70 the |
counties themselves.
Jointly indicted, and regulating the numbsr Of /
| peremptOry challenges in felony cases, should /
receive careful consideration While the life /
and liberty of no one should be put IN jeopardy, |
| except under such circumstances as Will insure /
q fair and impartial trial. still the right to sever
should only be allowed when, in the discretion Of
the presiding judge, he may deem it essential TO
tbs legitimate defense OF one Of the parties and |
when such defense could not be made upon a |
| joint trial. Each severance Increases, ana gem
orally doubles the cost OF prosecution, and they
are frequently resorted to a. means Of defeating
/ justice altogether. The number OF peremptOry !
challenges allowed defendants in felony cases IS
/ excessive and burdensOme IN its practical re-
suits TO the officers Of the law, and in some cases
! operates completely TO defeat the execution OF
/ the law itself. In cases which shock aud agitate
the communities in which they occur, Il Is often
/ difficult - find competent jurors who have not
/ formed or expressed an opinion as TO the guilt
| or innocence Of the accused. II the requisite
number are found, they must, as nece -siry, be
/ taken from that class who do not keep 20 well
/ informed as their neighbors upon matters Of
/ public interest, and thus an inferior jury is
/ forced upon the state, inasmuch as the State,
/ without the application Of the defendant, can
| not change the venue.
sons guilty OF certain ofienscs: for instance She
| ofense known as Ku-kluxing, as defined BY the
/ act Of 1890, chapter 81
| So Of riots, rOuts and unlawful assemblies.
Where a large number Of defendants are thus
jointly indicted, from the very necessity OF the
case, growing out Of It's peculiar circumstances,
seversncss viii frequently occur, II allowed a
matter Of right and without cause. And after
| one OF two juriss are impanneled, the nOtOriety
given 70 the facts, uisqualifes the wsole body Of
the county, and renders trial Of the other par
/ ties Impossible.
| And not less embarrassing than this, in the ad-
ministration Of tue criminal law. Is the right Of
sBch defendant on trial under joint indictment,
/ % make the same peremptOry Challenge, as II
tried alone. In the class OF cases mentioned, the
| defendants are generally set at large, because a
| trial becomes wholly impracticable, If not i'm
possible, and results ia the payment OF enormous
bills OF costs by the State Treasury for q farce,
ridicule.
/ Of 1913, passed March Z, entitled "An Act TO
authorize parties 70 sever in criminal cases"
| Also a reduction Of the number OF perempt0ry
| challenges in felony cases, both in joint and
| Treasury Is caused by the easy aud unrestricted
| right of appeal TO the Supreme Court in crimi-
| nal cases. / have considered il Of sufficient i'm
/ pOrtance 70 address communication to the At
| torney General Of the State. asking his sugges-
1 tons for a remedy against this hagrant and
/ growing evil, az well as such other suggestions
| as his experience would justify, tending 70
/ diminish the costs in such cases.
| The excitement incident 70, and growing out
Ill
| the past summer and autumn, engineered in |
two or three localities bitterness and vindictve-
ness between the races, and resulted In viola |
tons o. the law, which produced profound i'm
preston upon the sentiment Of the whole cOUn
try. In the exercise Of my discretion, felt II
nv duty 70 offer unusual rewards for the detec-
/ ton and conviction Of the offenders employed
attorneys In some instances 70 aid the officers Of
| the law in the prosecution Of criminals Aud, |
in tEO instances. invoked detective agencies As
/ the only instrumentalities through which the /
s~Haa mil a Hssa fnh a.
Of cOngratulat0n that the result Of these efforts
| was most manifest in the complete restoration |
OF peace and quiet in al the disturbed sections
Of the State after the Identification and arrest /
Of the law-breakers. And, indeed, all over the /
State an increased sense Of security from similar
disturbances restored confidence and added 20 !
the power and efficiency OF the civil law in the /
protection OF society.
STATE PRISON.
YOu viii find detailed Information OF this in /
stitution in the reports Of the Superintendent,
Inspectors, Warden and Physician, which are |
The large increase in the number eliminates is |
20 be attributed, in no sense, 70 an increase Of
crime.
Its solely the result Of a more efficient adj /
ministrsti0n OF the criminal law, aided by an i
improved and more healthy state Of public sen /
timeRt. Pardous have been more cautiously and /
sparingly granted than heretofore, although aP- |
plicstiOnS Tor executive elemency multiply with Il
the increase Of prisoners
Before the emancipation of the slaves there i
were never more than fifteen OF twenty cOl0red i
c0ayicts, while now there are 5s3 col0red COZ
victs and only $50 whites. The increase OF /
whites is scarcely in proportion to the increase
Of the white population Of the State
Experience justifies the conclusion, that i
large majority Of such applications are misrep-
reservations OF facts, and, in many instances,
signatures 70 petitions were forged. To guard 1
against such impOsitiOns and receptions, rules Il
and regulations have been adopted and pub 4
hshed, And requiring copy Of the record IN /
each case 70 accompany the petition And, II /
the evidence was not reduced 10 writing, the pa-
pers are referred 20 rhe Attorney General Of the
strict, fer his version OF the facts The rules
hsve AFFORDED much protection. still, the de- /
mands upon the Executive, by personal appeals /
70 his sympathy, are most OnerOus.
1 conceived it nv duty TO call attention, two /
years ago, 70 TIE large number Of Juveniles i
among TIE cOnTicts, and 20 recommend suitable /
provision for them, 50 as 20 separate them from Il
daily contact with those more hardened in i
crime.
There are now in The prison, 80 eOnvicts0f the /
age Of Is years aud under, 2I5 Of the age Of - i
years and under, and 3l5 from l6 70 p years old /
inclusive, notwithstanding q number have been 4
pardOned simply on account Of their tender Il
years. Most earnestly Is this recommendation
renewed.
Another fact is worthy OF notice. There are a |
considerable number Of the inmates Of the Il
prison who were sentenced for the lower grades Il
Of homicide, who under temporary passion, or
under mistaken idea of self-defence, violated /
the Law and who are otherwise respectable and /
highly estee med. and have a high sense OF honor.
Il is unjust 70 compel such men TO daily a.
ISOLATION with thieves, robbers and assassins. i
suggest that such rules may be adopted as may
separate these classes Of offenders.
CHARITABLE INSTITUTIONS.
The Tennessee Hospital for the Insane, the
Blind school, and the Deaf and Dumb School,
are believed TO be in very satisfactory cOndl- /
ton. The reports Of the officers in charge of /
these several Institutions, will be laid before you
at the proper time, for your consideration and
sctiOn.
From an informal report in advance OF the
regular report Of the Superintendent OF the /
Hospital for the Insane, learn that since Jan 1
1, 1873, the average number OF patients accom-
rnOdated has exceeded that Of any former bien-
NAL term. and the number in charge to-day Is
greater than az the date Of any previous report
The institution Is worked to it, full capacity,
and the general health of the inmates has been
good. The lauDdry and water-works ordered
BY the last General Assembly have been con
structed and in full operation during the year
lS14 The biennial report Of the trustees, super
intendent and treaSurer-will be prepared and
sub mitted 10 the General Assembly, through
the Executive at as early day as practicable
The appropriation Of $4,000 made BY the last
General Assembly has been expended in the
erection OF two handsome, convenient and com
uncdiOus wings 70 the building donated 70 the
Blind school bv the Hon John VI. Lea. The
east wing Il completed The west wing learn,
viii require an additional appropriation Of about
$1,000 to prepare il for occupancy.
The ERW AsYLUMs FOR TIP INSANE.
Impressed with the delicate and important
duty devolsed upon me, by the provisions Of the
oct Of the Thtrt y- Gs9STal assembly, OF
establish additional hospitals for the
insane before attempting 10 execute the |
law 1 summoned as nv advisors, DIS. Calender,
Cheathsm and Jones, the Onlv surviving super
inteRdents Of the Tennessee Hospital for the iu-
sane, and DR.. 7. A. AtchisOn, aneminent |
physician, and for many years past, chairman Of
the BOarfOf Trustees OF the above named hos |
pital These gentlemen, from their loTg expert
ence, AM well known pTOfe- siOnal attainments, |
were supposed 70 be pre-eminenty quailned 70
advise and aid in carrying into pra .tical effect |
this charity, founded in the lberaity and
humanits Of the General Assembly. They re-
side in Middle Tennessee, and are not hab c 70 |
be Influenced by any local partially or preju- |
dice, and one OF them was the author and cham
PiOn Of the bill.
These gentlemen, with most eOmmendable |
cbeerfUlness, consented TO, and did prepare rules
and regulations founded upon the experiences OF !
those most skilled in the treatment Of the insane |
and the care and ma nagement OF such institu- 1
tons, to be observed In the selection Of the size
and the construction snd erection Of these hOs-
pitfalls, a copy Of which is herewith Transmitted !
Tor your inspection, They cOncurred with me IN
the opinion that each Board should be composed |
OF one PHYSICIAN and two practical business |
men.
The appointment Of commissioners was delay
ed on account Of the presence Of sickness In
these Divisions of the State. For Esst Tenne =
Zee, / appointed. on the 18th day OF October, |
1873. John q. King of Sullivan, c. NJ. McGhes ]
of Knox, and DR.. P. D. Simms Of Hamilton |
county.
For West Tennessee, on the 22d day Of Novem-
her 1s73 Amounted John A Gardner of Weak | )