, 1877-07-22
MCCARTHY ON CRIMINAL PRACTICE,

| CHICAGO, July 21.-There are two or three morf
features tn the practice OF our Cook County Grim
inai Court which, though not 20 dangerous to on,
liberties as those that have mentioned in previou.
letters, are nevertheless well worthy Of serious
! attention.
By the practice Of all OF our Cook County Courts.
including the Criminal Court, parties arc prevent
| ed from arguing the Instructions given by the
Court to the jury. Our statute requires them to
| be given in writing, requirement which is never
| fully complied with in the Criminal Court But
] nearly all OF the instructions are asked for
BY the parties, and are submitted to the Court in
writing The attorneys never know, until the
Judge reads his instructions to the jury, which Of
the instructions asked for BY them will be given
md which have been refused And they generally
find that the Judge has refused many, altered the
rest, and added some Of his own. Then comes
gnashfng of teeth among the lawyers, who wonder.
why, IN the name Of all that is good and glorious
ceriatn instruction was refused. And II they ever
find ont they will probably learn that it was for the
omission Of one wo.d, which they wonld gladly
hare inserted it they had been asked to do 20.
Now when We consider that many cases, involving
ire or liberty, are fought ont entirely on these
instructions, 1t DOES seem very hard and very nn-
just that no conference between the Court and The
counsel Is allowed concerning them before they are
gwen And It il no comfort that motion in ur-
rest OF Judgment for refusing instructions is in
order. The prisoner will have suffered the dis
likely to admit that it has tundeted In the instrnc
ttons- venture tho assertion that in fyc casas
out Of ten Prisoner could get along Just NJ well
without an argument to the jury on the facts ne
without an argument to the court On the law. 10
Another OF these abuses occurs when q defend
in our Criminal Court in such case. for baig
TO sank the acquitted man ont OF his chair and
drag him down to the jail, and, after SOME
t. send him forth from ';an The @aie: jaii.doo9::
The pretext for this outrage is thai
4hs wifh to SEE if he5
there is nothing wrong In seeing that there is not
another charge against man before he is released
ut This can be a.ccraned before his trial as well
as after it. And the information should be ready
in court at the time OF the acquitta so that tie
prisoner might II there arc other charges against
not be pulled taek into the jail like thief It i
criminal LAWYERS whether they win submit to tits.
and whether they will not counsel resistance and |
bring suit for falrc Imprisonment. The only de- |
tense would DC that the prisoner had not beeu dis
ready; the Court did not discharge him When he
was let 20 ont Of the jail afterwards either in fact
.ne Co9rt has dispensed with formal discharge
j, iscforc passing to abuses which arc inherent in
the common law method Of criminal procedure,
Enn whsh exist wherever that system Of law pre-.
munty to pit-fall in the practice OF the County
.nouft, 20 through which, it seems to mc. it is posi-
Ne Ne,ht iGr peonle to fall and lose their liberty
Notnin9 IS 80 horrible HI for person to pe DE- |
elafed insane and cent TO 4 lunatic asylum need
lessiS. and between the 1ooSeness Of thc statute
tt:c other, 1t must be tri:htfulfy easy for ucrson
IT, suHer mat wrong in Cook County.
!?nr ~, statute requires that the verdict Of jnry
Hhlcn tries person for insanity in the t,o1n,v |
:sourt shall bring in verdict modelled after ths
e}o'slns statutory form:
ee[ !yfe snG tn tc case sny Il:
sea !" os esaece s tSe e
5at he y Tsstdsnt = 80 I'D coansy
.upposea g. to aiss..e s. Is
seTedtary that III Sc eG t atsasf e &; i os no WITH hn
aeaa a. sadssss; as dess sr dGfs
trS e. Rss's vs1e Il the
hare ita!icised the words '>dt person to bc sent
ts ssats s hosnta for the insane and he defect
totus. p ha 70 they mean person who is likely to
% aol & to others II be- permitted 60 laigc
IT harm: Or do they mean person Who needs
aedlcal treatment! Or do they mean person who
aPious diseases? The inferrretation Of these
fo1as a9, ~ y o. the utmost importance. For under
a arm!ess delnsion. but is bcnevoently disposeI.
no u amply able 70 take care Of himself, and has
r;Hhus 10 rn wnG psoyde medical attention. aud who
d by any enemy aud confined in tie mad house.
! u the case of Mrs Dueald Stcwart, who was !,
TO- fhe nnnr, , IN ne Gqnnty Court some months
ould render verdict of insane, but not a 1T ncf.
% Ito 70 oe c9naned. For the lady was proved to be
very Industrious and harmless person, with y
ad every sort Of property. The Court Instructed
le jury that suc1 yereic1 was ajniisib]c md 7
e Jury brought IN verdict accordingly But the
9utt t4en held that the words ft person meant
uaaed e'zd1 Tf fong1 tS ana 1eoAy
,anty Hospital., And the Court also claiued -
a. a. It had the right under this yer r
Ct TO condne her Somewhere eise than
,ins tne ) state Hospital. Under this law and tits
onie 10 tp tppeass fa aaat or County Court win send
,ess LET anaacfnatton are not dangerous to them Fl
s. os any one else, provided they are not lonsv
q aase nol got the yellow fever or smallpox P,
r. nerso one 1nsy says Tue person is insane, but
e INSANE, the Court may lock them m anywhara -
at tne court picases. This seems to me In he = |
tS OF tnings that is dangerous mud horrible be- II.
no aA description. Judge Wallace is such a j
eosa1p from his hsnds- But II such is the law. ]
ns make haste to change it, for Judge Walace,s W
seeseof 5; naS be q very different man,
y; ~ sly" wnat 1njnstice mag be done under the Th
as = siexst nm may fscnr briefly to the
j hnothng more. The modification OF the trial An
= !eI 1nlefn2l confinement with thieves and |
sttates IN the jail nude her very ueryons ami lie
gssrn nef eceentrici5. and. on the strength Of
saw no eon5 e, he }nty found her insane
Mhle Claiming the right to coufine hcr Its
wAaeta ndfng the verdict, decided neverthe1cse A
c!easc aer. And since her release ehr hns heen |
= snnnn.e mna "a nataral as any woman in Chicago So
nse! LOT her defense This helpless iadv wonld Vii
nave oefn sent to the asrJum and n+nhahiv T
7e7ea insane fot life FLonEScE McC.RTn, c
Montenegrin Lamentat1ou. r
ne Montenesrins braycly and with success Chr