Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-28
THE RATIONALE OF MURDER TRIALS.

such failures OF Justice are encountered In |
the administration of the civil law. There
it is found that for the most part equitable |
decisions are rendered. The Courts transact |
the business brought before them with |
general satisfaction, and it is only when
capital cases are concerned that all GER |
tainty of results ceases, and that the out
come is a matter apparently of blind
chance. The truth appears to be that In
murder cases the obstacles to equitable
conclusions are multiplied to such an ex-
tent that the prospects of justice being
administered are often destroyed. Some
attempts have been made of late years to
amend the law in regard to the selection OF
jurors in such cases, but experience proves
that 1t is quite as difficult as it ever was
to impanel an intelligent murder jury. The
challenges are still made upon principles
the application of which practically ex-
cludes the most trustworthy intelligences,
and those who answer the questions put to
them in such way as to satisfy the de-
tense are almost necessarily self confessed
b,ockheads. 1t is well known that main
purpose with counsel for the defense is al
ways to secure jury which can be con-
trolled and nodded by skillful rhetoric, or
confused and misled by adroit sophistries.
Nor can it be doubted that the isolation of
jury during trial occupying several
weeks has tendency to enfeeble their IN.
derstandings, and to render them more
liable to be influenced by the cunning or
eloquence OF the attorneys. This seclusion
is theoretically sound, but we believe that
in practice it frequently does more harm
than good.
In the Kalloch case it seems to have
been. assumed by the jury that the evidence
for the defense in regard to the sixth shot
was TO some extent deserving of credence.
That one assumption we regard as con-
elusive proof that the intellectual standard
of the jury was greatly below par. Twelve
really clear. headed men could by no
mears have been persuaded that the testi
mony of the witnesses who swore that De
Young fired first was worthy of the least
consideration, and unless they had ac-
corded that evidence great weight they
could not have acquitted Kalloch. If we
go outside of the Courtroom and exchange
views with the public at large, we find
scarcely any difference of opinion on this
point. 1t may be stated as the general
consensus of opinion that nobody believes
in the six-shot theory. How is it, then,
that this jury accepted it? The answer
is unavoidable that this jury did,
not fairly represent the average of
popular intelligence. We co not think
that there is now, or ever has been.
any doubt among the people as to
the nature of Kalloch's deed, and the YER
dict of the jury has been received, not as
an expression of the general belief, but as
an amazing and altogether incomprehensi-
BILE conclusion AS the fual result of the
process which the people have agreed to
abide by, of course it must be accepted, no
matter what is thought of it ; but it should
be clear by this time that unless some radi-
cal reforms are introduced to our criminal
practice, the alleged protection of the law
will soon become mere by-word and
-scofing.
The fact is that we have so hedged about
the prosecution of murder cases with OBJ
structions to justice that it is scarcely pos
sible to obtain it any longer. We need
not hesitate to say that there must have
been gross and fragrant perjury in the
Kalloch case, and that this perjury must
have been committed, not by one or two
witnesses only, but by score or more.
In short it was disgraceful trial through
out, and its outcome justifes all that is
being said about murder being "played
:" on" as punishable offense. Yet it is
evident that mere denunciation can effect
nothing in the way of reform. What is
required is the reform of the law. II ever
we are to have justice in criminal cases
we must see to it that it is made impos-
sible to put fools or knaves upon criminal
juries, and that wholesale perjury cannot
be practiced in such cases. 1t is, moreover,
necessary to observe that this is not the
first time perjury has been employed in
murder cases in San Francisco. A very
fragrant case of the same kind occurred
there not year ago, and it resulted in
another failure of justice. The IMMUNITY
with which this false swearing is used of
course encourages those who are unscrupu.
lous enough to have recourse to it, and
the presumption is that if no reform of the
law is had it will become a regular feature
in every important capital case.
When justice fails through the bad
Judgment of those who are selected to adj
minister it, the remedy is clear, however.
Bad verdicts are the natural results of
imbecile juries. Ii it is made impossi-
be to impanel such juries bad verdicts
will cease. 1t is useless to protest that
the law at present offers no obstacle to the
impaneliug of intelligent jurors. In the
face of the facts such an assertion is ride
ulcus. Stupid men are carefully selected,
and they do stupid things because they
are incapable of better and wiser conclu.
sions. We have now reached so chaotic
state in our criminal administration that
it would not surprise any close observer if
Lynch law was to be resorted to. The
situation is precisely of the kind which to
the impulsive and uhrefecting seems
to render such a resort almost necessary.
0noe convince the people that the Courts
are useless, or worse than useless, and they
will not be slow to take back the power
they have delegated, and to use it without
regard to legal forms. The condition of
things is very critical and serious. It
cannot last. Ii the organized machinery
of society breaks down, every man will be-
gin to fight for his own hand. 1t is there