Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-12-18
s'V. w."
Increase of Crime--The Objects
Of FUNDAMENTALS Criminal
Trials Impressive ?-Why Have
we Dispensed with the Ar
Sraignment Of Criminals?

We Dispensed with the Ar
raignment Of Criminals?
Correspondence ofthe Register.
The warfare always waged against the
peace and security OF society by the
criminal and vicious has, certainly, en-
laryed It's lines Of attack to an alarming
extent. A comparison OF the criminal
cases in any court, before the war
taking 1861 as dividing line between
the past and the present-with the long
array which crowds our dockets, now,
will show vast increase in their num-
her. Tito this be added the large cata-
logue OF outrages and offences, reported
in almost every morning paper with sick
cning detail, the perpetrators of which
escape undetected and unpublished, we
NAV determine, with some accuracy, |
how thoroughly crime has become
certain and positive factor, entering into
every social combination, mingling with
the daily and necessary transactions OF
every community, vaunting everywhere |
its power, and defying alike the laws
which prescribe its penalties and the
agencies appointed to inflict them. Oh
course, | have no purpose to discuss |
these propositions They will not he
controyerted by any one. only state
them because they introduce sugges-
ton which will, presently, bring to the
attention OF your readers.
When court has convicted a murder
er and the sheriff has actually hung |
him, what has society gained? IN
ioubtedly an evil-doer and danger
Gus man has been put where he can
do no further injury to the commun-
itv. He has suffered the terrible
consequence of his crime and paid its
penalty; in other words, he has been
punished Ii this be all, manifestly,
the profit to society is of little impor-
lance. But, il the example OF the laws
memorable purpose, thus feariully full
filled upon the gallows, can be 50 inn
pressed upon all who witness or, other
wise, realize its execution; be so burned,
as It were, into their comprehension and
consciousness that the influences OF fear,
or the convictions, which lead to re-
pentance and reform, shall control the
weaker or more hesitating OF those who
are classed as criminals; or, on the
other hand, arouse the apprehenslons
Of the holder and more defiant to the
degree that they shall become intimi-
dated and, consequently, deferred from
the commission of crime-then, pun
ishment will have performed one Of its
most important offices as an instrument
of protection to society.
To accomplish this result the trials OF
criminals and the infection OF punish
ment should be attended by every cir
cumstance which may emphasize their
solemnity and impressiveness. The
tragedy of the gibnet is solemn and I'M
pressive enough. 1t needs nothing to
add to its stage effect, because the en-
acted drama OF the law s retribution Is,
always, terribly realistic, Yet, i'll West
Virginia the death penalty has been
rarely inflicted, and because OF the
power given to juries, i'll capital cases,
to elect between it and confinement i'll
the Penitentiary, for life, it is not likely
to occur frequently in the future.
Ii is in this connection that | propose
to refer, specially to the I'd section OF
| Chapter l59, Of the Code, which
| declares that "The formal arraign-
mcnt of the prisoner the proclama-
ton by the Sheriff and the charge of
the clerk to the jury, as heretofore
practced shall hereafter be dispensed
! with" am utterly at loss to per
ceive why this was done, and | have
never met member of the legislature
4 4. A, a. nl hn
could recall any reason or argument adj
vanced in favor Of this abrogation Of
long established practice. Ii it did not
require so much space, it would be well
to quote the old form OF arraignment,
the proclamation by the sheriff and tho
clerk charge 20 the jury. Each of them
had purpose which Blackstone has
made the subject OF comment and ap-
proyal; but, if without purpose and
only ceremonial, ii was most I'M
pressiye one, which awed Il crowded
court room into decorous silence
and invested the proceedings
with a solemnity that should belong to
the determination oi SO grave an issue.
You have many readers who know
nothing Of all this. They observe i'll
the murder trials of the present day the
prisoner sitting at his ease i'll the bar Of
the court rs if he was merely a specula-
tor or a client in q civil case. His plea
Of not guilty is no more formal than
| plea OF aOH aSSuBipSu or HH debd. Until
convicted and made the subject of
solemn judgment, there is nothing at
tending his position before the Court
which separates him from his fellow
Ia, lN..ll
! lief, Us one upon whom the hand OF our
law has bean heavily laid. The result
Of the issue, joined between him and
the State, is merely that he has won or
| lost. Few comprehend its intense i'm
portance; few take warning and avoid
the possibility OF being placed i'll like
attitude before court OF Justice. The
moral effect Of criminal trial is lost in
the absence of all the impressive for
malities which should belong to it.
am aware that very few people will
| sympathlzc with these views, and that
encounter the risk of being consider
ed an Old fogy by expressing them.
Very well; hut. probably. the truth is
that they reason best upon the subject
who can contras the ancient custom
with the modern practice. ] certainly
ask Tor no useless formalities in our
courts; want no ermine for the judges,
nor swords ..and cooked hats for the
sheritfs. But when an issue is made
| between the State and citizen which
involves life and liberty, and the trial oil
that issue be 81 solemn that its every
incident may lie to all who have and
witness ii, a sermon impressive enough
to warn, 70 teach, to deter.
In conclusion, let me add that | am
no ultra-conseryatiye, blinily devoted
to the institutions Of the past. am
ready To sacrifice anything and every
thing to the demands of progress and
the necessities of modern and broader
civilization. do not say with Lord
Kenyon-'It is my wish and my COM
fort to stand Stp'r ddiqtids rias;" but |
would preserve all things in the past
which may insure To the benefit OF the
prpsent Among these / include the