The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-02-04
lFoR THE CLARION.
NeedfuI Legislation.

Law is progressive science, and both judi
cial and legislative bodies have their separat
parts to perform, in conforming the law TO the
new and changing conditions of society, trade
and industry and to the demands of public
policy and public justice. In few decades
past, the people of the United States have
made nearly as much progress in the science
of law, in the material sciences. They have
cast off much legal rubbish, which originated
in rude ages, and accumulated for centuries
Only few years ago, we had laws of evidence,
which in every case involving the smallest
sum of moneys, excluded the evidence of a
party to the suit, and his wife, and every 9TH
er person who had the smallest pecuuiary in
| terest in the result But within few years
nearly every State in the Union has changed
this rule in whole, or in part. Following up
! this change in the rule of civil evidence, a
| large number of the States have made laws
| rendering competent as witnesses for them
selves, all accused persons, in all criminal
proceedings against them. And within year
or two past, the Congress of the United States,
the wisest legislative body in the world has
enacted the same law. The result of actual
experience for many years, in the States
where such laws exist is IN favor of such "A
law and | believe that this is the nearly
unanimous opinion of the bench and the bar,
in those States where such laws exist have
myself practiced much in criminal causes, in
such States, and my opinion is in favor of
such law. The only possible objection that
can he made to such law is, that it tempts
the accused to commit perjury, and that by
perjury the accused may deceive the jury, and
thus, sometimes, the guilty may escape. The
answer to this objection is easy and effect
ual. If it be true, it proves too much, and
shows that the law restoring the competency
of parties and Interested witnesses in civil
cases, should be repealed. That law also
tempts tae interested witnesses to commit
perjury, and they also may deceive juries,
and induce wrong verdicts. For the same
reason the present law of Mississippi allow
ing husband and wife to testify TOR each other,
in all criminal cases, should be repealed, for
the same objection applies to it.
And as to deceiying juries by false testimo-
ny, the answer is that if juries capable Of
determining the degree of credit due to all
witnesses, and the credibility of all evidence
land by making them the sole judges of these
questions the law c0nclusively presumes thai
they are) then they equally capable of
deciding what credit is, under all the circum-
stances of the case, due to the testimony of
the accused in his own behalf If they are
liable to be deceived by the testimony of e
deeply interested witness, wlro testfes under
their close scrutiny and suspicion, how much
laore liable are they to be deceived by the
AFFECTED Indifference and impartiality Of "A
false and designing witness, who denies and
cOnceals his enmity towards the accused.
The tru is, that the admission of the tes-
timony of the accused TAT their own option, of
course) is a benefit only to the innocent, and
a positive injury to the guilty, and this is the
most powerful argument in its favor. The
innocent always can safely testify in their
own behalf, and generally will do so, but the
guilty nearly always damage their cases by
testifying for themselves cross-examina-
ton will almost inevitably detect their false
hood, and assure their conviction. | have
often witnessed this result. And though |
have defended many persons charged with
crime, and tried under this law, have but
seldom advised or permitted them to testify
for themselves, and | never did so, unless
felt assured of their Innocence. This law is
a shield for the innocent, but is a two-edged
sword in the hands of the guilty, and more
apt TO wound them, than the State.
And such law is necessary to give fair
play and even handed justice to the accused,
as well as to the State. 1t often happens that
malicious persons wreak their private malice
upon those whom they hate by sneaking be
fore grand jury and procuring en- in
the trial, and they are encouraged to do So
by the present law, which protects their per-
jury, while it seals the mouth, and stiles the
voice of the innocent accused.
BEN LANE FosEY.
Do g.