Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1882-05-11
Criminal Procedure.

To our last Issue we referred to late law
passed in New York, giving to defendants,
accused Of crime, the reply in argument be-
foro the jury and expressed our approval Of
such q law. No ono appreciates tho advan-
tago Of the reply in argument more than law"
yers aud to got it in civil caees they often nd,
nit plaintiffs allegations and then set up q
defence to them, and in criminal accusations
strenuous efforts are always mado to get from
the Stato's witnesses enough Of evidence te
justify tho defenco in putting up no witnesses
and thus getting tho roply.
We remember case of grand lnrcony tried
somo years ago at Walballa, in which afte,
consultation with our distinguished partner
tho late Judge Reed, we concluded to put ur
no testimony and thus got the reply. Whom
tho solicitor arrayed the facts proved and
pointed to the Inference Of guilt, we grew
anxious and if thon permitted, would not
have trusted tho case to the evidence for the
State alone. Feeling tho responsibility and
probable error of our course, Judge Reed
iu tho argument oxcelled himself, and his
clear reasoning and thrilling eloqucnce won
an acquittal, as tho evidence was circumstan.
tial. The reply 10 always a powerful engine,
al the facts pointing to guilt or innocence are
arrayed in order and in their strongest light.
10 tho recent election trials in Charleston
tho Nc,os and Courier often refers to tho
eloquonco and art displayed by tho District
Attorney in his reply, and iu tho case of the
managers Of the Hope Engine Company pre-,
oinot. it says: "Mr. Melton's argument was
magnificent oratorioal effort and it strongly
brought homo to the minds Of those hearers.
who wero politically opposed to him. the, fear.
.fM advantage Of tic reply IN any case. Ao,o-
ccer aceak, in the hands Of one 80 skilled in
the arts of the forum, as is the District At
torncy." The power Of tho orator has been
known and felt from tho earliest days of
civilization. IIo can draw tears from a heart
of stone or oonvulso with laughter the most
moroee Chrstian. While few possess this
power, stll the reply is great advantage to
the weakest lawyer. 1t is especially so in
this State. since the judges aro limited in
their charges to laying down tho low and arc
forbidden to intimate an opinion or in any
way dcscant on the facts.
There is no crime but affects the character
or good name of tho citizon charged with it..
The accusation Of crime to many minds lends
to presumption Of guilt. and when, after a
preliminary examination has been had, the
oaso is sent up, it is upon tho basis thai a
1'1ma }ac'e case is madc OUT against tho per.
son charged. IIo goes into tho trial with the
legal presumption Of innocence until proved
guilty, and yet the jury and the country know
that he is put on trial with Judgment Of
guilt against him, 50 far as the Stato's evi.
dcnce and the Judgment of tho committing
magistrate goes.
Can ho rcbut this evidence, or in other
words can no prove himsclfinnoccnt? There
is natural prejudice in the hearts of honest,
Intelligent mon against crimo and natural
disposition to convict the criminal. Our lore
of life, liberty and property, tho preservation
OF which is. secured only Though the Sane
tions of the law, beycts ,liisf disposition and
we all are too much dispuseis not knowingly
or willingly. to be influenced by it, For this rea
son the defendant should have the reply and
be permitted, both by csidcnce and argu-
mont, to establish his Innocence.
1t is not the purpose of tho law to convict
but to protect tho innocent, 1t asks no in,
noccnt blood. 1t seeks 70 rob no man of his
coed rame. 1t wants no victim. 1t saya
every man is presumed innoccnt until proved
guilty and that every reasonable doubt as to
the act and intent shall be solved n favor of
and yet with o hypocrisy difficult
to account for, it reserves to i,eclf the right
to open and reply in evidence and argument.
1t does this in The face of .ai tho advantages
it enjoys III criminal trials. II does it in the
face Of the fact that it is rich and poworfu;
thNt 1t can employ and salary the ablest and
most experienced criminal lawyer in the cir
circuit; that it can foe ana commission agents
and officers to issue its warrants, bind over
it's witnesses and work up the testi-
mony for conviction in all ita counties; that
in addition it hns on its aide all the sympathy
of the good pcoplc of every county, who turn
their faces against crime and desire to 500 it
convicted and punished 1t docs this, too
in The face of tho disadvantages OF the ac-
cused, who may bo aud genernlly is, poor,
ignorant, friendless and in prison, unable in
person OF through friends 10 get np his dcr
fence, and unable in money to employ law.
yer to defend him in court, mnch loss to get
up his testimony and study hi, caso well.
Far bo it from us to defend crime. 1t is
our duty. our interest and our pleasure to sec
it convicted and punished, for in this rcsts
tho peace and order of society and tho sccu-
rity of our family. We do no, defend crime;
wo condemn it; but this does not interfere
with the duty Of a lawyer to defend persons
charged with crime. The lawyer, who Ind