The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-01-06

'"' ,r CASES FROM JUpGES OF THE Com
i"S',, i"S'',,-n-Iu the Senate yesterday Mr..
',.,,. ,all,d up House bill 10 give the
II jrD,ri.onm"ut in m'sdemeanor cases
,,;..rnt 10 tah. the same from the judges
49,. commonwealth, as is now provided
f,., the hw stands NJ present, when
..r.,9 ! found guilty Of mlSdemeanor
:.,r,.. .s.-r>,.s The tine and the Judge fixes
-" ." .,rin ., imprsopmcnt in Jail. The bill
:,,.rodt;r,G IN the House by Judge Lacy
~. >,H krut county, was passed by that
., ..,r,. 10 the senate, and was referred
.,.Iu., committee for Courts oi Justice; Whicn
..,,,,.,. reported it with the recommends
..au That II DO not pass.
I,....,- up the bill. Mr.. Hundlcy said
... vq. .or.y that The opponents OF this
t.th,t Thought propcrto luz into the arSu-
,..r, rh, Wren case. 1t could only nave
..nG M, with view 10 cause this Senate
=. A.,; from lis sense Of duty ont OF con-
.aL.r!,ion Tor TIE opinions OF lndlVldual>.
}i.S1l.I3 aow no such consideration 10 ln-
rH,n.,. hiia any sooner than be would allow
,-,..,a.,r> against individuals 10 lnfiUence
i3I. For au.ht he knew, the Judge who
,um,l,d Wren Is a> pure Is the iclcie lnat
-.,. on Uau'S temple, and the jury who
.~,ri ulu are. no doubt, rs pure a. the ludSe.
Nm, way should Il law which constitutes
$3.50 tribunals tor the purpose OF lhlllct-
j.. punishment in cases OF mi,dcmcanor
l, Permitted to remain on the statute
!..sh.: In cases OF felony the jury
lf.,> the punishment even 10 confinement
III ~" p"nitcntlary and the death-penalty,
I.'4. The iaw uoW stands lulles are not ln-
.rlI..,d with the power to conine man III
=. ruau'y iti. lie maintained that the law
j., contrary to the genius OF our institutions,
which guarantees 10 every man charged Will
IN offence i triaI by jury OF his peers: Tor
.lry NAY, by .ttiNing a slight punishment,
Indicate is opinion that the prisoner Is
.uaiy ut but slight offence, and yet one man
nay step IN and say that he Is guilty OF
-,..yc uil.uce. and shall be imprisoned to the
maximum limit OF the IaW. He SAID be had
ASKED in vain tor Il reason for this distinction
..!Yr"n ironies and mlsdemeanors, and
The oniv answer that he had beard
wa> that the law is hoary with age.
IT,. ual A, much respect for ancient institu-
lions - any man. but when convinced that
a arhan.r i right and proper in itself he was
always wiling to vote for 4 change.
j, the Wren case had been alluded to, be
World ,ay that he thought there were some
!,yvuar features Of hardship about it. If
this man had been tried in the country he
n;.ht have been imprisoned, but he could
not have been sentenced 10 hard labor.
Now, merely because he is tried in city, he
j sentenced 10 labor in the chain-gang for
l,y,iyr months \ much barber sentence, he
undertook TO say, than if he had been sent TO
the pcniteuliary Tor one year. Thus the man
+, punished more severely by q Judge than
j.. could have been by jury.
Under the old Constitution Of Virginia
tAr county courts were composed OF justices
selected from the best men in the Common
wealth, and ii is only since the war that this
power has been contided 10 one man. But
II IL act without reference to special cases
and with q view to this whole broad Com
munwralrh. 1t was not his fault that the
Wren ease bad been dragged into this discus.
,jan. He commented 90 it as he found 1t.
Mr. Pridemore said that this bill proposes
- take from the courts their power to punish
by Imprisonment persons accused ana tound
guilty bv Jury Of 4 misdcmeanor. lie OPP
po,rd this change in our law because it Tir-
u!aUv. in bis opinion, aboliShes punishment
for hi, class OF cases. In felony cases there
j, minimum punishment fixed by law. No
>ucl provision exists in most Of the misde.
!lranor cases. SO that if the jury has the
whole control, by the ingenuity and learn
lng Of counsel. in many instances where the
commonwealth is teebly represented, the
yuity accused will go unpunished and the
community suffer. Our attention has been
called 70 this provision Of law 10y the newSpa-
;r.rrcpurtS Of the case Of the Commonwealth
Is. Wren and upon those newspaper reports
where the Jury found the accused guilty OF
compeundiag a felony and then assessed
h!, line at one cent. Who would not
sustain the judgment Of the court that con-
fined him in Jail for twelve months: lie
did not mean 10 reflect ON the verdict OF the
iury. II was doubtless what twelve honest
men deemed proper and right; but with
them the court. in his opinion, properly
differed, il difference it may be called.
The jury found him guilty, and for augbt
We know sanctioned the judgment Of the
court. They may have thought in their
verdict tine improper, and yet that he was
none The loss guilty. lie maintained that the
Judgment Of that court was proper and
ri-sit and we have reason to bc grateful that
lA', commonwealth holds judges who have
The moral courage and boIdness 10 heap pun
i>hMcut upon friend or foe, partisan or Eot,
70 thciuli measure Of his honest judgment, in
dvtiauce ot III personal or political considera-
lions. 50 long US judges will punish their
i:icnts the judiciary is safe.
Mr.. Mct4e said that he was opposed to
placing ~ much power in the bands Of any
one man. He had recently seen the i'll effects
oi Il more than ever. As to the case cited
here, wc do not know what Influences, what
ar-uncnl>, were brought to bear upon the
Jury. He did know, however, that the jury
was composed of highly Intelligent gentle
u!cn. We do know that certain person
was convicted. however. We do not know
but that some mitigating circumstances were
brought out before that jury. lie thought
lhat !! asJudge is TO have this power he
ought 10 give bis decision ia accordance with
lie -piEit OF the verdict of the jury. He
hoped thet verdict in all cases of misde-
heauor would be given by the jury. lie
was opposed to the power OF any one man
setting aside the verdict Of a jury. The law
- IL Stands Is contrary to the spirit and
genius OF The Government.
Mr.. Penn said that it was the humanity of
'hc aw That the power to supervise the Yer
d'ci oi the jury had been given TO the
!"useF. In case either party is injured the
luuse can cause the case TO be taken to
A'ohcr court. The statute is one Of long
s!"haihe, and he hoped that some of the an.
.'eht iauoiiiarks would remaiG. This legis-
i4tIon, changing the criminal la,y In SO many
aspects, should now come to an end. He
nollcc The Ia" would be allowed to remain
DO IL ls. Never before this case, already allu-
oou 10, came up has there been any COM
ptaint; and not knowing the circumstances
oi The case, II would be direct reflection,
upon The Judge OF Me Hastings Court Of this
s'y' lie Therefore hoped that the recon- !
1A'haalion Of the committee would be car.