Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-08-14
THE MULTIPLICATION OF JUSTICE BY
DELAY.

The frequency of crimes of violence in
California is often deplored, and men ex-
press surprise that as all the material ac-
COMPARTMENTS of more advanced civiliza-
ton gather about US, the homicidal tend
ency does not diminish more rapidly. 1t
is to be observed also that among the many
homicides committed in this State, an I'M
usually large proportion have been by per-
sons of intelligence and education, and
that the common theory about the ccnnec-
ton between ignorance and crime does not
seem to be applicable here. The causes of
this state of things are doubtless complex,
and not simple. For long time in the
early history of the State there obtained a
positive sentiment against severe penalties
for homicide. When every man had to
guard his own head with his own hand it
was inevitable that this should be so, and
one result of it was that the indifference to
human life grew until it became almost
necessary to check it by the sharp remedy
of lynch law. After the era of the rough
came the era of the keen criminal lawyer,
with his plea of emotional insanity and
other air-drawn pretenses, and under
his dexterous management some of the
most burning disgraces Justice has ever
suffered have been inflicted upon her. The
~ IL &c T To- ,s ha
crowning example of this demoraliza-
ton of public sentiment and criminal
administration. That was triumph of
sham sentimentality, maudlin humanita-
rianism, and cheap sophistry over every
consideration of right and justice and
decency Since that time justice has been
cheated with equal frequency, but under
somewhat different circumstances. At
present the chief instrumentality fer de-
feating the law is delay. When crime is
committed the first thing sought by the
defendants counsel is postponement. 1t
is studiously attempted to procure such
delays as will suffice to obscure the public
remembrance of the crime, and to deaden
the public sensibility as to the need of
punishment. All the quirks and bubbles
of the law are therefore resorted to for the
purpose of gaining time. The last thing a
modern murderer wants is a speedy trial.
He is content to lay in Jail for months, un-
til his very existence has been almost for
gotten, end then his counsel will endeavor
to obtain a reliably imbecile jury, and
trust to the plea of insanity and public
apathy to secure a verdict of acquittal.
There are unfortunately but too many
specific instances of the delay we speak
Of Two of these may be cited proftably.
More than year ago San Francisco
dentist named Chalfant killed a man
in the Baldwin Hotel by shooting him.
He has been in jail ever since,
and few days ago one of the San Fran
cisco papers casually thought of the case,
and reminded it's readers that it had never
been brought to trial. Another instance
is that of Kalloch, Jr. On the 23d of
April he killed Charles De Young. 1t is
now the middle of August, and there are
as yet no indications that his trial is to be
held at any given time. His counsel are
continually pleading for delays and more
delays. Every device is being resorted to
for the purpose of postponing the examina-
ton OF the case. In short the familiar
methods are being employed, which have
before proved SO successful in defeating
Justice. To remonstrance and protest, the
lawyers who are active in obtaining these
delays would doubtless reply that they
were acting within their rights, that the
laws gave them the opportunity to secure
such postponements, and that they were
doing no more than their duty in guarding
the interests of their clients. But the fact
remains that Justice is defeated, that the
most atrocious crimes go UNPUBLISHED, that
the people are educated in the belief that
the foulest murder may be committed with
IMMUNITY, that contempt for the law is in
culcated, and that encouragement is given
to the evilly. disposed, by these delays and
judicial failures and farces.