The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-05-17
THE LAST SPEECH IN CRIMINAL
TRIALS


among gentlemen of the legal profession
throughout the country to reform the prin-
ciples of practice and modify the common
laws, and the decisions based upon them N
| the courts. Such matters do not alone De-
long to the legal profession or affect aione
| their business and interests. Society 10
directly concerned, and, perhaps 10
greater extent than in any other proposed
changes that legislators could make,
for upon the peculiar framing oil
statutes and the views taken OF
them in court depends more than upon any
thing else the veal or woe of the citizen.
So far as civil law and practice are con.
cerned, il is well continually to modify, so
as to meet the constantly shifting conditions
of commerce and trade, which change in
deed with the decades. So far, the reiorma-
tons of the last quarter of century have
generally been improvements, wisely and
timely made, 1t is extremely doubtful, how
ever, ii tampering with the old English
criminal law and practice is productive of
any beneficial results, Still important
changes have been made and an effort is
still ON foot to make even further modiiica-
lions, 1t is possible that this fact will in
great measure explain why 1t is that in Eng
land there is a speeder and surer admins
tration of justice than in the United States
Rigid rules govern the practice there,
while changes and u multiplicity Of
statutes, dictated by perhaps an
honest but mistaken and unwise sense
of sympathy and pity for Grimm
ais, have here left innumerable
loop-holes for escape, Our administration
ofjustice has, in fact, through whining
sentimentality and unusual lberality OF
practice, become almost farcical. BE
this as it may, even greater
changes the New Yok legislature
has been recently seeking to accom-
plish. A bill has gone through that body
virtually giving the accused in cases
where capital punishment or imprison.
ment for life is involved, "the
closing speech to the jury" but for
tunately and wisely, we think, GOVERNOR
CORNELL has placed his veto upon it. The
encouragement opinion was asked, and
he seemed to think the innovation was
good one and one that ought to be adopted.
He thinks that an undue advantage is too
often taken of the prisoner by the skillful
summing up of the prosecuting attorney,
aud that the defense should have the priyi-
lege of answering such points--in other
words, it is proposed, as an offset to ability
in the prosecuting attorney, to give the crimi-
nal additional facilities for escape. lie seems
to forget that the people are on one side, as
deeply interested in the determination and
what is proposed by this measure to give
the defense, is taken away from the people
Still the state is compelled to prove the de-
PENDANTS guilt beyond a reasonable doubt
If the burden Of proof remains upon the
prosecution it is but right that the prosecu-
ton should close the argument. There is
decidedly too great u tendency to protect
criminals and crime needs but little en-
enlargement to grow with startling ra-
pidity. GOVERNOR CORNELL has apprecia.
ted these facts in his veto, and rightly
characterizes the proposed amendment of
the law as 1t now stands. "a step
in the wrong direction" There is a
natural and irrepressible sympathy in the
human heart for the unfortunate, and when
the feelings and preiudices of u jury are
played upon by skillful and eloquent aavo-
Gales, 1t is oven now next to impossible to
secure conviction. If such appeals went
unanswered, a deplorable condition
of things would inevitably result.
The governor says truly that the
Interests of society demand that crime
should be speedily and surely punished"
1t is poor commentary upon our admin
istration of justice that the idea is every
where prevalent with us that murderers
will not be hung or in half the cases con-
victed- Innocent men are rarely accused
and tried seriously, and instead of seeking
to throw stronger safeguards around the
criminal and greater obstacles in the way
of justice, 1t should be the aim of every
community in selfprotcction to tighten the
bands and lessen the opportunities for es,
| cape,