, 1879-01-26

machinery for the execution OF the crimlnt
I law is 50 locked up, clamped, obsTucteo
and arrested by the cunning devices OF tn
lawyers who make the laws, that the prison
CT who has money enough to hire skillfu
attorneys can obtain such delays and advan
tages that, in the end, ha is almost certain
TO escape conviction, and, eventually, though
his guilt be plain and notorious he walk
forth unwhipped of justice.
Now comes the Appellate Court, which, b,
trick in the Practice act, lnterposes 1T
jurisdiction between the Supreme and the
Circuit Courts, giving the convicted criminal
an additional chance to escape the punish
ment Of the law. The defendant, after
exlausting the laws delay, after resort
ing to every practice, disreputable or other
wise, to defeat conviction, and forced to
submit to 8 sentence, is to be now authorized
to appeal to the Appellate Court. If that
tribunal reverse the finding Of the Circuit
Court on any question, ,-and the material
point Of the guilt of the accused.is rarely
ever questioned or examined on an appeal
tha case goes back to the Circuit Court, to be
tried de nouo. Then all the machinery Of
delay is again put in motion. The crime has
been in the meantime overshadowed BY fre-
quent repetitions Of it by others. The orig
inh witnesses have died, or have disap-
peared, Or their silence has been purchased.
At the end of the second trial perhaps two
years have elapsed, and under such circum-
stances second conviction is only possible
when the crime was Of extraordinary
atrocity. Even then there is second ap-
peal to the Appellate Court, and when
that fails the prisoner has still his right of
final appeal to The Supreme Court.
1t is right to look at these things in the
light Of established facts. Nine-tenths of
the appeals in criminal cases are taken to de-
feat justice. There is rarely an appeal
taken on the ground that the man has been
convicted unjustly; the plea is that the
Court before whom he was tried committed
error in some instruction or ruling in the
case which Of itself had not the remotest
relation to the prisoners actual guilt. It is
q part Of the criminal practice to ''put up
all kinds of jobs" on the Court, by submit
ting to him countless indefinite propositions
of law, Hypothetical and philosophical
some in the abstract and others in the CON
embracing all manner Of ques-
tons, covering the whole realm of sci
ence. Whichever way the Court may
decide on all these questions, the
deciaion is assigned as an "error," aud,
armed with this volume Of quirks and errors,
none of them involving the question of tho
guilt or innocence OF the convict the
counsel for the prisoner goes before the Ap-
pellate Court and demands practically
Judgment upon the Court below of having
illegally convicted prisoner.
1t is against this additional interference
With the execution Of the laws against cri1ne
hat the public have right to protest. It
permits an additional year of de-
ny between conviction and the execution Of |
he sentence. No criminal code can be en-
:orced where the convicted criminals have
N Indefinite time Of appeal. When it is
notorious that oil appeals in criminal cases
re for delay, or on frivolous, technical, |
md unsubsiantial grounds, and when
here is no well~founded suspicion that the
person appealing is not in fact guilty Of the
rin1o Of which he has been convicted, the |
'olicy Of the Law should be rather in expe-
lifting all proceedings after conviction, and
q bringing appeals to the promptest posi-
10 decision, than in extending the right of
ppeal to Courts which have no final decision
4 the case, and when such appeals afford
My an opportunity for additional delay.
As this jurisdiction Of theAppelate Courts
l criminal cases grows out Of the inconsistent
royisions Of two acts Of the same Legislature
assed about the same time-and may have
cen accidental and nnintentional-th rem
ay is with the Legislature, and is plain one.
Il that has to be done is to make the Prac-
CO act conform to the terms Of the Appel
te Court act, and the people Of the State
lay be spared the calamity Of any additional
gal delays in the execution Of the criminal
Vt against persons actually convicted Of
ime I