The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1875-01-15

e have been brought to trial, and while have KEEP
" | a rigid economy always in view, in offering re
rs Warus, yet have been forced to draw to som
is considerable extent upon the Treasury, in Orde
le | to insure the arrest of offenders. A health
1t public sentiment, uph9lding and sustaining tn
local authorities, is the surest means of preserv
= ing the Leace of any community and inasmucl
n as the power and authority of the sheriff i
ample il may not be amiss to apply some NOR
n stringent requirements, and heavier penalties Il
d his failure to execute the law.
II | The provis Ons OF the Code, Sec 520a, allowing
n | ore continuance TO a defendant, on account O
d prejudice against him. should be modified, so as
= to allow such continuance for capital ofenses
, alone, and then. only at the discretion of the pre-
e siding judge, and upon satisfactory evidence OF
d | the existence OF such Prejudice.
0 | The accumulation of jail fees and other K
1 penses incident to these continuaDces would be
I avoided, and thus one step taken in the all i'm
portant object of reducing the cost OF criminal
prosecutions The establishment OF the work
house system in the several counties would re-
lieve the State of an enormous burden, and at
the same time prove source Of revenue to the
| counties themselves
The law relating to severance of defendants
jointly indicted, and regulating the number 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
fair and impartial trial, still the right to
| should only be allowed when, III the discretion II
the presiding Judge, he may deem it essential to
the Legitimate defense OF one OF the parties and
when such defense could not be made upon
joint trial. Each severance increases ami gem
| orally doubles the cost OF prosecution, and they
| ara frequently resorted to as means OF defeating
justice altogether. The number of peremptOry
| challenges allowed defendants i'll felony cases is
| excessive and buTdensOme 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 and agitate
the communities i'll which they occur, it is often
difficult t. 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, a neCe sity, be
| taken from that class who do not keep so well
| informed 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,
| not change the venue.
Some acts require the joint indictment of per-
sons guilty OF certain offensss: for instance, the
| Offense known as ku-kluXing, as defined by the
| act of 1870, chapter a.
| So of riots, rOuts AMI unlawful assemblies.
Where large number of defendants thus
| jointly indicted, from the very necessity OF the
| case, growing out of its peculiar circumstances,
| severances Will trequentlg occur, if allowed as
| mater Of right, and without cause. And after
| one OF two juries imPanneed, the nOtOriety
| given 10 the facts, dtsquaiies the whole body of
| the county, and renders trial OF the other par
! ties impossible.
! And not less embarrassing than this, in the adj
Ininistration of the criminal law. is the right of
| sBch defendant trial under joint Indictment,
/ to make the same peremptOry challenges, as If
tiled alone In the class of cases mentioned, the
defendants are gener lily set at large, because a
! trial becomes wholly impracticabe, if not i'm
possible, and results in the payment of enormous
bills % costs by the State Treasury, for IA ce,
that brings the law and courts into contempt and
ridicule.
| / recommend therefore, the repeal of the Act
| of 1913. passed March I, entitled can Act to
authorize parties to sever in criminal cases.
| Also a reduction OF the number of pcremptOry |
| CHALLENGES in felony cases both in Joint and |
| several trials. Another large drain upon the |
Treasury is caused by the easy aud unrestricted
right Of appeal 10 the Supreme Court in crimi- |
nal cases. have considered it Of sufficient i'm
pOrtanCe to address a communication to the At |
tOrney General OF the State, asking his sugges-
| tons for remedy against this hagrant and |
growing evil, as well as such other suggestions |
as his experience would justify, tending to |
diminish the costs in such cases.
The excitement incident to, and growing out /
of, the discussion of the Civil Rights bill during
the past summer and autumn, engendered i'll |
two or three localities bitterness and vindictive
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 1t |
ny duty to offer unusual rewards for the detec-
ton and conviction OF the offenders. l employed |
attorneys in some instances TO aid the officers OF
the law III the lroSecSlIlO Oh criminals ana,
in \ o instances, invoked detective agencies as |
the only nstrumentalties Through which the |
guilty parties could be identified 1t is a source !
Of cOngratuatIOn that the result of these Efforts
was most manifest in the complete restoration |
OF ppara and quiet in all the disturbed sections |
of the State after the identification and arrest |
OF the law-breakeTs. And, indeed, all over the |
State an increased sense OF security from similar
disturbances restored confidence and added to |
the power and efficiency OF the civil law i'll the |
protection OF society.
STATE PRISON.
YOu will find detailed information Of this in |
stitution in the reports OF the Superintendent, |
inspectors, Warden and Physician, which are |
he ewith submitted.
to be attributed, IN 10 sense, TO an increase OF |
crime.
1t solely the result of a more efficient adj |
ministratiOn OF tue criminal law, aided by an |
improved and more healthy state of public sen
timent. PaTdOns have been more cautiously and |
sparinglv granted than heretofore, alGhough APP
piicatiOnS Tor executive clemency multiply With
the increase OF prisoners.
Before the emancipation Of the slaves. there
ErT
conyictS, while there are 5S3 cOlUred con
yicts and only $50 whites. The increase OF
whites is scarcely in proportion to the increase
Of the white population of the State.
Experience justities the conclusion, that
large majority of such applications are mIsrep-
RESERVATIONS OF facts, and, IN many instances;
signatures TO petitions were forged. To guard
against such impositiOns and deceptions rules
and regulations nave been adopted ana pup
lished and requiring a copy Of the record IN
each case to accompany the petition. And, If
the evidence was not reduced to writing. the pa
pgrs are referred to the Attorney General of the
Ct strict, tOr his version OF the facts. The rules
have all, rCIed much prote ction STILL the de-
mau,ls upon the Executive by personal appeals
t. his sy mpathy, are most OneTOus.
/ conceived it my duty TO call attention, two
years ago, 10 the large number Of Juveniles
among the conytcts, and to recommend suitable
provision for them, so a. to separate them from
daily contact with those more hardened in
crime.
There are now in the prison, % convcts of the
age of &c years and under, - of the age Of 20 |
years and under, and BIG from Is to Il years old |
inclusive, notwithstanding a number have been
pardoned simply on account of their tender
Years. Most earnestly is this recommendation
Another fact is worthy of notice. There are a
considerable number of the Inmates OF the
prison who were sentenced for the lower grades
of homicide, who under temporary passion, or
under mistaken idea Of selI-detencc, violated
the law and who are otherwise respectable and !
highly esteemed, aud have high sense OF homer.
1t is unjust to compel such men to daily as
ISOLATION with thieves, robbers and assassins. l
suggest that such rules may he adopted as may
ScRarate these classes OF Offenders.
CHARITABLE INSTITUTIONS.
The Tennessee Hospital for the Insane, the |
are believed to be III very satisfactory cOndI- |
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 |
action.
REGULAR report of the Superintendent OF the |
Hospital for the Insane, I learn that since Jan.
], 1873, the average nUmber0t patients accom-
Inodatrd has exceeded that of any former bien-
rial term, and the number III charge to-day is |
greater than at the date Of any previous report.
The institution is worked to its full capacity, |
good. The laundry and wateI-workS ordered |
b,- the last General Assembly have been con
~tructcd and in full operation during the year
1914. Tue biennial report OF the trustees, super
intCndcur and treasurer viii be prepared and |
sub mitted to the General Assembly, through |
the Executive at as early day as practicable |
i'll the session.
The appropriation Of $40 900 made by the last |
General Assembly has been expended in the |
erection of two handsome, convenient and com
mrdious wings to the building donated to the
Blind school by the Hon. John NJ. Lea. The |
east wing is completed The west wing learn,
will require additional appropriation of about |
50 900 to prepare it for occupancy.
THE NEW AsYLUMs FOR THE INSANE.
Impressed with the delicate and important |
duty devOVcd upon me, by the provisions of the |
act of the Thirty-eighth General Assembly, of |
March 2O 1875 entitled: AN Act to |
establish additional hospitals for the |
insane" before attempting to execute the |
law, 1 summoned as my advisors, Drs. Calender, |
Cheath9m and Jones, the only surviving super
iutendeuts of the Tennessee Hospital for the iu |
sane, and DR.. T. A. AtchisOn, aneminent |
physician, and for many years past, chairman of |
the Board OF Trustees of the above named hos |
ptal. These gentlemen, from their lorg expert |
ence, and well known prOfe siOnal attainments, |
were supposed to be pre-eminently qualified to |
advise and aid III carrying into practical effect |
this charity, founded in the libGTaity and |
humanity of the General Assembly. They re- |
side in Middle Tennessee, and are not Liable to |
be Influenced by any local Partially or preju- |
dice, and one OF them the author and cham |
riOn OF the bill.
These gentlemen, with most commemorate |
cheerfulness, consented to- and did prepare rules
those most skilled in the treatment of the insane
and the care and management of such institu- |
TONS to be observed in the selection of the site,
and the construction and erection of these hos
pitfalls a copy of which is herewith Transmitted
for your inspection, They cOncurred with me in
the opinion that each Board should be composed