The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1876-09-21
LEGISLATIVE REFORM.
Some Important Suggestions in
Connection with Costs and Delay
IN Criminal Proceedings.
Nashville Banner.

| Messrs. Editors
In my answer to "Poor Man." I sug
gestsd that l would make some remark
upon the subject of the cost and delay
| of proceedings in the Criminal Courts 0
the country. l premise, first, that tht
| delay of criminal legislation is burden
some to the tax payers of the country
| 1t is a notorious fact, that a crimina
who has plenty of money can actually
wear his case out In our courts, and es
cape punishment for his crime. Flimsy
excus es are formed, and witnesses are
| kept out of the way from court to court
until the State witnesses are scattered
and cannot be found. The Constitution
guarantees a speedy trial, but so far a;
that provision is concerned, it might
as we'll be etriken out, as it Is no practi
cal Importance. 1t is not justice the
criminal desires, but on the contrary,
be seeks to avoid it, and seeks to escape
the punishment due his crime. And
the courts of the country have too often
yielded to the side of mercy and permit
ted delays in criminal prosecutions, un-
til the people, in many instances, have
resorted to mob violence, and have taken
the law in their own hands and executed
vengeance upon the supposed guilty
party
We need reform upon this subject.
In many OF the States speedy trials are
had in all cases where a party is charged
with a public offense, there is no delay,
but the fender is put upon his trial at
once, while the witnesses can be had.
But in this State, when an offender is
arraigned, he has a right to a continu-
Ince without assigning another reason
than that owing to the popular excite
IAent he cannot 90 safely to trial, and
it being in the discretion of the court to
grant a continuance, the court is always
pleased, whether the facts are true or
not, to grant the prayer of the prisoner.
The witnesses, both for the State and for
the defendent in this manner are scat
tered, and IN all probability are never
found again. But this is not all Three
or four months have elapsed, before the
court again meets. The prisoner is again
0rragned, the witnesses are called. The
State has all of her witnesses present,
then the defendant sees that his delay
has not resulted as he expected; and
therefore he is not ready for trial, some
very important witness has failed to at
tend, and another affidavit is proposed
setting out the material of newly discov-
cred testimony, and thus cOntinuauces
are had from time to time. And finally,
when an important witness for the State
is beyond the jurisdiction of the court,
or has died, then he goes to trial, but the
material witnesses, for which he made
affidavit, never once appear, and are not
even called for.
In this way many felons 90 unwhip-
ped of justice. Some legislation is need
ed to correct this abuse. Nor is this
all; the people have to pay the bills, and
the community is outraged, by having
turned 10 ose upon them the very felon
who has grossly insul,ed its sense of jus
tee and right Bad men have their
sway, and the good people are at their
mercy, without protection, but In their
inaiienable right of self-preservatiOn.
The people, who are the taxpayers,
demand reform of the law IN its amend
ments, to the effect that public offenders
may be brought to a speedy trial. We
have a court to correct errors, men cleo
ted for their legal learning and wisdom,
and if a prisoner has been forced into
trial without the benefit of all the defence
lowed by law, or has committed errors
they can be corrected
Not only is this the case IN what is de-
nominated felonies, but it is equally true
in regard to misdeme anOrs. Anything to
prevent trial is resorted to. IF you could
see the workings of the present system
ON some day when the Criminal Court Is
IN session, you would come to the conclu-
sion that the courts of the country are
not up to the demands of the hour,
and are weak and powerless because
of the system of practice adopted IN
consequence of the want of proper
legislation case after case IS continued,
or forfeitures taken on bonds, (Which
amounts simply to nothingG and the
people pay for all this. / am informed
by Judge Jno. G. Ferris, that the cost
of the Criminal Court of this country
this year will amount to $4,000. No
wonder your cou mtg is in debt. Add
to this amount about $4,000 more for
expenses of the Circuit Law Courts,
you see that the people of this county
pay pretty high for delay in legislation,
and therefore receive no protection from
burglars, pickpockess, thieves gamblers,
violations for selling whisky and other
intoxicating liquors on Sunday without
license, whore mongers, sedueers, whore
houses, and common drunkards and va
grants.
1t is right that the people should be
taxed in such a maner The object of
the law is to protect the innocent and
punish the guilty, but owing to defects in
the law the reverse is true, and none OF
the offenders alluded to are punished ac>
cording to the penalties Of the law nor
are abuses corrected, nor are nuisances
abated. If this is so, what use is your
grand jury in fading presentments in GER
tain class es Of mis- demeanors, bat means
of securing officers fees If the law per
mits these delays let there be some
amendment, by which these delays IN
criminal litigation may be remedIed-
Lct US have a new criminal Jurisprudence
lot us transfer the jurisdiction to some
ether tribunal, or create new tribunal
fer trying misdemeanOrs, less expensive,
ind with more beneficial results.
In another article, by your permission.
will show what the people pay for, and
h " the same can be remedied- Judge
Ferris has promised me a peep at his
cost books.
JOHN 81. BARKETTE