The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1879-07-26

Of late, had several startling ex-
amples of the lack of reliance among
the masses of the people in the ma
chinery.of the Courts to mete out
prompt and certain punishment to
the offenders against society and its
laws. Judge Lynch seems to have
assumed both original and appellate
jurisdiction over considerable part
of the territory of the State.
1t is true that some of these out
breaks have been provoked by
crimes so diabolical in their nature
that even discreet and law-abiding
citizens have been carried away by
their passions, and in their thirst for
vengeance have forgotten for the
time the homage which they habitu
ally yield to civil authority. This
will doubtless, occur under the best
regulated government that human
ingenuity could devise, and where
confidence in the administration Of
justice was complete and universal.
But what we wish to enforce is the
fact that in proportion as we make
the administration of law prompt
and certain, will the number of these
violent outbreaks be diminished, for
in the same proportion will public
confidence be established in the ma
chinery CT the laws, and the necessi-
ty or excuse for summary action by
the popu!ace be removed. 1t is
lnanifestly the slow, tedious tortu
Gus and capricious issue of the civil
trial that is at the root of the mat
ter.
Ifit is known and believed by the
community that the criminal will
be tried speedily, convicted surely
and punished without fail, there will
grow up, not only a wholesome re-
spcct for, but also wholesome fear
of, the law. 1t will not only furn-
ish rebuke to popular violence,
but will deter the commission of
crime, for every wrong-doer counts
the probable cost Of his intended
crime. 1t is the certainty and swift
ness of punishment that acts as
lettering force, and leaves also the
influence of the lesson upon the pub
lie mind.
OF course the accused has the right
to, and should be secure in all the
advantages of fair and impartial
trial, but the law should be framed
to expedite the final result, if we ac-
cept the principle that the most inn
portant effect OF punishment is the
prevention of crime, While all pas
sion and prejudice should be careful
ly excluded from any agency or in
fluence in determining Il verdict, yet
there is no reason why a crime should
grow cold, its punishment be post
poned, and its lesson in a q eat meas
ure lost, in the tedlum of legal ech-
nicalities.
While we are considering meas
ures for the improvement of our ju-
dietary system, it is unfortunate that
the department of criminal juriSpru-
dence has been left untouched, and
even the greatest need of the whole
subject, that of expedting the bust
of hnOn
by as a secondary consideration. We
fear that there is too much truth in
the interview published in the Reg
ister to-day, that ''many of the peo-
pie care very little about expediting
law suits, &c." and think and care
much less, apparently, of the import
ance of prompt execution of the
criminal laws.
A bill on the subject of expediting
the proceedings in criminal cases is
now before the Georgia Legislature,
which is worthy of careful attention
all parts of the country. The bill is
founded upon the assumption that
crime is measurab' y prevented by the
| assurance of its speedy punishment;
and it has been prompted, in part by
the recent assassination of Col. r.. A.
Aston.
The first provision of the bill is to
give to cases of homicide precedence
in all the Superior Courts of Georgia
over every other business, whether
civil or criminal, Each person
against whom an indictment for
homicide of whatever grade shall be
| found must be tried at the term OF
the Court in which tho Indictment
has been drawn. Postponements for
any cause are carefelly classified and
are limited in time to thirty DAYS
each. Where "mistrial" occurs
the case is not to go over to the next
term, but is to be retired forthwith.
Delays arising from appeals or writs
of error are likewise closely provid-
ed for, and the time which an az
cused person can gain by resorting to
such expedients is reduced to a mini
mum.
The main question suggested by
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