, 1879-03-07

inent Of MY urino III thls county whcro tho
criminals hNvc 1no,sey 10 foo lawyers.
On WctGncadny night, nfter n lationt liear-
Ing. jury waa, in view Of tho fncts, com-
l'cllcd to convict ono Of gang Of equally
guilty burglars for tho murder Of n police
officer, and provide tl9t l,o bohangcd for tho
crime. The first resl>snso mado to tho
verdict on tho part of tho criminal was tint
lao would mover DO punished, WOULD mover
l,ang,-bccauso " thoro's thd AppeHato
Court" Tho Appellate Court Is recognized
by tho Whole criminal population ms m in.
yention provided by tho Legislature Of ILL.,
noa todefeat tho punishment Of any criminal,
whether ho 10 thief or murderer, providing
ho l.as money to pay feos.
We do not wiah my ono. to understand TINT
tho gontlomon who compose tho Appellate
Courts aro rcliedupon in any why as apo'ogists
or sympathizors with crime or criminals.
What VIC moan ia, tlat tho Appellate Courts,
rs constituted by tho lawyors Of the Log'a-
lntnrc, arc IN obstruction in tho path Of
Justice. Thoy aro clothed with power 10
juries, but hovs no power to definitely
affirm thon, They aro Court Of finnl re-
sort to mid in ac1uittal, but THUR convic-
tions bind no ono.
Tho publtc prosecutor has 10 struggle often
with corrupt and pnckcl juriea; has to con-
tend with changes OF venue granted as n
mattor Of right on tho domand Of opon, no.
torious, aud avowod perjury; has to contond
with tho corrupt purchase, mud Intimidation,
mud deportation Of Witnesses; aud when ho
Mt last brings d criminal to conviction in
spito of all those difficulties, and aftar long
aud expensive delays, thero is m appeal to
M Appellate Court, tint cannot mako tho
conviction tlna1, but can pick flaws in the In
dictmont, cllnrgo to tho jury, admission Of
testimony, or any ruling of the Court TINT
tried tho case, aud " rovcrso md romnnd It"
back to DO tried all over again.
Tho consequence Of this is, perhaps, a
year'a !22lay, during which witnossos rnny bo
rnrchasad, may die, may run OF, may ramoye
beyond tho Jurisdiction of tho Court, may bo
murdered; and weak jurors may 10 found
10 10 intinlilatcd with threats or corrupted
by money or other improper influence. In
such caso tho chances Of second conviction,
no mattor how vlllainors tho crimo, aro
greatly reduced. Even II n second oonvic-
ton bo hnd under suoh improbable cirouu.-
stances, another appeal to the samo Appel
late Court may DO taken, and thoro again
tho case is fought over.
It must ba borne in mind TINT in tho Ap-
poslnte Court tho guilt or Innocence Of tho
criminal il not at iss,lo. Tho criminal is COM
plainant: and tho Judge OF tho Court bolow
is triod by tho Appellate Court for dopriyipg
a " low-citizon Of his liberty" ait may
ho his life." Suppose tho Appellate Court,
after two or throo reversals md new trials,
at last a1lrms tho conviction Of tho Court
below, then thore ia an appeal 10 tho ST.
promo Court, and TINT tribuna1 n1ay, md
tho chances aro will, find TINT tho Circuit
Court on tho first trial wns right,
but that tho Circuit Court Oh tho
second trial In following the opinion and
direction Of tho Appellate Court on thu first
appoal had erred, and therefore tho second
conviction mus be sot asido and tho case re-
minded. We aro stating nothing inprob-
ablo; we arc giving tho accepted reasons
why tho Appellate Court is regarded as tho
palladium Of crima for follows who can pay
foos. 1t stands botween them and tho
prison; it takes them from tho gallows and
givos thom back to society.
socioty demands Of tho Legislature that
this obstruction in tho path Of justice bo
removed, and TINT tho "Praotioo net 10
changed 80 that in nil criminal casos appeals
ahall go direct to tho Supreme Court, whore
tho Judgments Rhall be lnal md authorita.
tivo,-to tho 6tnto md tho nccusoil alike.
VIII the lawyers In tho Legislature, for tho
nero sako Of securing to their profession
moro fees from thieves, burglars, mud MUIR
dorers, refuse to rsmovo this obstruction to
Justice aud public safety? Lot tho nyos and
noes on tue proposition DO recorded.
EFFECT OF THE GAq.DILL IN GERMANY.