The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1881-11-04

- III OtuCk CucCo autIc July 10
demanded.
Section 2,22l. 0n the trial of
any criminal ease, as aforesaid, ii
the justice shall discover that lt is
clearly q felony, and not a mere
misdemeanor, OF which the accused
has been guilty, he shall not pun
ish said party, nor render any judg-
ment finally disposing of such case,
but shall require such party to ell
ter into recognizance tor his ap-
pearance before the circuit court,
unless such felony be not bailable,
In which case the party shall be
committed without bail.
Section 3,llS. If on the trial of
any person brought before a Justice
of the peace, on charge of felony,
aud being investigated, it shall
clearly appear thai n felony has not
been committed, but that the party
is guilty of a mis,lemeanor in the
matter investigated. as aforesaid,
such Justice Of the peace may con.
vict and punish the party accord
ingly, but this shall not bar a sub.
sequent prosecution for felony in
the same natter
l have nothing to do with the
silly, absurd, contradictory, and
unc0nstitutiono! features OF these
sections of Campbells code. Ny
present business is to point out one
constitutional and clearly express
ed provision,-the right of trial by
jury-in all criminal, as in civil in
vestigations, in a justice court, the
same as in a circuit court, in which
is involved tho property, the liber-
ty, or the person, of the accused.
Let US look at this case hyp0-
thetically. Richard Roe, is charged
upon affidavit of John Doe, with u
felony; and is brought before Es.
quire Styles, q justice OF the peace,
to answer TO the charge. Mr.. Roe
pleads to the charge, "not guilty.
Here then Mr.. Roe, the accused,
stands before the court as an limo.
cent man. The law presumes every
man innocent until he is legally
convicted. Thus far there is no
testimony against defendant. The
er pdrte affidavit of Doc--the accu.
ser-which authorized the justice
to issue his warrant for the arrest
of the accused, is no evidence in
the case. The accused demands a
jury to try him, but the justice re.
fuses him a jury, for the reason that
defendant is charged with felony
in Does affidavit. The justice adj.
inits that, had Mr.. Roe been char
ged with a misdemeanor, be would
be entitled to jury trial; but 9th
erwise, il charged with u felony.
This brings defendants counsel to
his feet. He reads from the con.
stitution of the United States,
which says that, "the trial OF all
crimes, except in cases Of impeach-
ment, shall be by jury" Again.
"In all criminal prosecutions, the
accused shall enjoy the right to a
speedily and public trial, by an i'm.
partial jury" : Then de.
fentlant's counsel turns 10 the con-
stitution OF the state and reads
No person shall be deprived Of
life, liberty, or property, except by
due process OF law "No PERSONS
life or liberty shall be twice placed
In jeopardy for the same offense''
And again. "The right Of trial by
jury shall remain inviolate.n DE.
fendant's counsel then reads, also,
from Campbell's code the sections
which | have quoted.
Then comes the prosecuting at
torney, perhaps, who stoutly denies
defendants right to be tried by u
jury; for the reason that the accu-
sed is charged, by afidarit, Of
somebody, with having committed
a felony, ct ergo, he is not entitled
to u trial by jury. Well, to make
short a long story, the attorneys,
pro aud con, cavil over this matter
for an hour or two-pr0bably for u
day or two-readlng and comment
ing on the constitutions, Federal
aud state, as also, the sections OF
Campbell's code, here quoted, and
probably various other sections OF
this erudite codihcation; but the
justice of the peace, true to his first
love, adheres to his opinion, aud
deuies to the defendant a jury.
Well, what nexti The witnesses,
for the state, are examined, and 10,
aud behold the states own wit.
nesses show, to the satisfaction OF
the Justice that II the accused be
guilty at all, it is only OF q INSIDE
meanor--that the affidavit OF the
accuser is wholly false.
Now, Mr.. Justice Of the Peace, let
me ask you, under this state OF
facts, what will you do with the de-
fendantf You have found him
guilty OF q ssmisdemeanor.n There.
fore, sou can't bind him 10 . bond
for his appearance at the next term
OF the circuit court, because he has
not committed q "fel0ny.D You
cannot fine him, or imprison him
for o misdenicanor, because he de.
clared his insoceHce Of the charge
protested against being tried By
the court, and demanded his right,
under the law, (which right sou Dc
not deny,) to be tried By q jury Of
his nelghbors, aud his equals
Well, you cau't discharge the dc