The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-08-03
sHERIFF's CONVENTION.

portant convention, IN great many re-
poets, as has ever met in this state. To-day,
if not every sheriff, majority Of them in
this state will assemble in consultation with
one another, and for the consideration Of
questions of vital interest to the welfare and
prosperity of Texas. The principal object
in view in the assembling of the sherifis, if
we be not misinformed, is to perfect plan
Of cooperation and mutual assistance
in the arrest of criminals Of our own
state and fugitiyes from justice from
other states, and to agree upon the proper
legislation in aid Of this work, which will be
recommended to the next Legislature. The
convention will also take some action in the
matter Of fees, but this we take it is Of second-
AIRY consideration with it. This is praise
worthy work on the part Of the sheriti's. IL
shows that as the executive officers of their
respective counties, they have the peace and
quietude Of Texas at heart, and that they
study to render efficient service not only to
their immediate constituents, but to the
entire state rs well. The charges of
lawlessness and laxity in the execution of
the laws have been made against
Texas so repeatedly, and from so
many different sources abroad, that they are
having an effect seriously detrimental to not
only the good name of our people, but to
the material prosperity, the progress and the
development of Texas. 1t has become q
matter of grave consideration by our entire
people, and We are glad TO see the sheriffs
of Texas moving in this matter and manifest
ing the interest they do. 1t is lamentable
fact that there is too much crime in our state
and it is equally as lamentable fact, indeed
more SO, that all the courts are not as ener-
getic and rs rigorous in the execution
Of tho criminal law as they
should be. When we say courts We
d. not use the word in its limited applica'
ton to the judge, but we include iuries and
prosecuting attorneys as well. There is nc
encouragement to asherffto labor diligently,
ride far, spend his money and peril his life ii
the arrest of criminals if judges, prosecuting
attorneys and juries are not rs much II
earnest ms he has been. We do not wish tc
be understood, however, as laying the blame
of acquittas and of delays in trials entirely
upon the courts. The main trouble lie:
with the code of criminal procedure
1t is n tissue of, not nonsical-
tiles, but of unreasonable technicalties
shrewdly framed, adroitly expressed,
artistically drawn. 1t is generally under
stood that the object of the criminal law is
to secure to the citizen the protection of life
and property, and to guarantee to him i'm
munity in the legal and innocent pursuit of
happiness. AS our code of criminal pro-
cedure now stands, society, not the criminal,
runs the gauntlet in every criminal trial that
takes place in Texas. The Judge of the court
in which the case may be tried, be it either in
a Justices court, the county court, or the dis
trict court, has not discretion enough. Too
many little requirements are demanded of
him by this code of criminal procedure, and
he is henmed in by so many mere technical-
ties that only retard justice, that it
is an exceedingly difficult thing
to convict criminal no matter how guilty
he may be, if he has shrewd, learned, able
counsel To illustrate the defciency,the weak
ness Of this code of criminal procedure, we
will state that under its requirement Judge
must give ruling upon every point of evil
dence adduced on tho trial, no matter how
unimportant he may deem it. For instance,
witness for the defense may detail some
little circumstance or make some statement
that the jury considers of no interest what
ever, that has no effect upon them at all and
that in reality is of no moment whatever in
the case, yet if the judge fails to charge them
upon that point, and the counsel need no,
ask him to do so, it is grounds for an excep-
ton to the charge of the court, and
when the case goes up on appeal, the
court of appeals under the law must reverse
the case and remand it for another trial, and
SO ii gees on nd intinitum and al nauseum
The lawyers know this,and the better class Of
them, those with the ability and learning tc
be of service to their clients without resort.
ing to pettifogging and the little ca,ch-strav
technicalities, all want to see this code o.
criminal procedure so amended that it will
not be the means and the instrument fol-
making the execution Of the criminal law 8
farce in Texas. We trust the sherifrs will
consider we'll ofthis code, and that they ma,
DO able to eliminate plans of mutual assist
ance that will prove effectual.
MEMPHIS has so far escaped yellow fever