Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-11

8 part Of the State. That ever Arkansas
would become a leading and prominent ex-
5 ample of the temperance movement is GER
tainly one of the last things people ten or
+. twenty years ago would have expected; but
there she stands at the very front of one of
the most wondrous blooms" the APPEAL
ever recorded.
,
THE DEMAND FOB SPEEDY TRIALS.
An accused individual is guaranteed
speedy trial, but this is the very thing guilty
culprit does not want and the people in every
part of the country are becoming restless
and turbulent because of the difficulty of
securing the prompt and adequate punish
ment of criminals. 1t is this difficulty which
provokes lynching by the mob, and unless
there be change, lynching will become the
rule instead Of the exception. Even the
lawyers themselves, who profit by the laws
delay, are loudest in their demand for a more
speedy trial of criminals. A singular com
cidence in this connection is that the Bar Asso-
Citations of the States OF Alabama and Illinois,
assembled in State convention the same
day to protest against the delay in the admin
istration OF criminal law. The Law Associa- |
ton of Alabama met at Montgomery on the |
9th instant. The report of the committee on |
judicial administration says:
There is great complaint-iaueh Of which is IN
! just-at the delays in the administration OF the |
| criminal law. Certainty of speedy punishment is |
| more efectual than harsh penalties inflicted at |
| No rule is better adapted to afford protection to
criminals than that which obtains, in some courts.
felony case without demanding any showing. We
ali know that in bad or desperate case the first
/ "A nrINdpnt continuance
| of the case against his client In the meantime |
nesses may die remove out of the jurisdiction.
As general rule two or three continuances IN
There Is no reason on why one Charged With felony
should have a continuance at the first term under
more liberal conditions than apply In civil suits |
The abrogation of this rule of practice would be
long stride toward the proper administration Of
power of the bar should be exerted TO procure the
a a. OF TINS perncions rue Fube opinion
dom 70 invoke its aid when it can be legitiniatey
criminal law. Many cases are continued for a
while and finally the defendant, by importuni-
ties and the efforts of friends and the aid of false
sympathy proeures dismissal or no. pros or
submits to the lightest punishment when this
had been directed to the case Watching with jeai-
Gus eyes the proper enforcement of the law We
of the ends of justice if law were passed direct |
ing the clerk OF each court, at the end of each
term, to publish the disposition made OF felony |
cases. This would keep the public informed Of the
extent to which Justice was being administers,
just punishment for their crimes. We have con- |
many of the misdemeanors involve no moral tur.
pitude, and no public good would be accomplished
by putting the names of tire offenders in print.
On the same day the Illinois State Bar '
Association held its annual meeting at
Springfield. President Sherman, in his
opening address, in speaking of the delay in
the trial of criminals, said:
There is widespread dissatisfaction which is
sometimes eliminates into deeds of lawltss vio- [
lence and bloodshed. Since the people make both r
at pleasure and from their decisions rendered ac-
cording to the established forms there is no appeals
the defiance of law is wholly inexcusable. As we !
have already seen, this distrust is wholly unjust
AS to the profession, 1 think am warranted in t
saying that the better portion of the bar, inelud
Situation E ma and would hail With sasfaei r re
form in this regard While the law and the pro
4eys in The Interest Of their Clients to use every
advantage afforded thereby; but it
ment and good sense OF the bar that some whole a
some statutory reforms should be inaugurated ted C
York, prepared by one of the most eminent law
timen;s of the moIe thoughtful members of the n
profession, and indicates the at itude which the
should not be mere presiding officers at v
criminal trial, and that iuries should receive i,
cases, every Judge in the State will concede; but
that they, or any OF them, should suggest that c.
iures judges OF the law as well as OF fact cannot
else the coordinate branches Of government It W
Will not be fitting to specify in detail at this time Il
what material changes demanded, further an =
say that such notifications required will II
secure more speedy trials according to law, as I'M
lated by attorneys or as esta6shed in each case
by the caprice or ignorance Of juries utterly re H
md that the jury should pass only upon the 9ues-
ing the penalty to be fixed by the Court ca
1t will thus be seen that Judge Sherman "
proposes radical change. There is, there s.
lore, some ground TO fear that the demand for I'll
he speedy trial of an accused individual is to
70 great that there is danger of the other ex- IN
RENE. 1t must be confessed that the prac.
ice for retarding and impeding the trial of -
riminals had its origin in justice and mercy. in
n ancient times, Judge Sherman says: pl
Men were thrown into prison at the will of some
nd innocent citizens were incareerated for years
eeause Of supposed deviation from the doc 80 90
obscgIs "a as dgnSTsnt 9 1hsoo as
he sentiments Of humanity. In those haicyon he
avs hereto had no rights except TO generous tn
ome title, in fee simple to everlasting torment -,
nth full covenants OF warranty. And with grim III
things, his fires were kfndled this side Of the mi
omb, that body and soul should alike receive r.
ewing the particular creed then supposed to be att
lnctioned by law. The unfortunate and ignorant in
ere scarcely distinguished from the criminal -.
asses For trivial offenses the most cruel pun fa
umerous, and the penalty OF death was rigidiy Of
nioTeed History was full OF instances iron from the
one No wonder that Sir Henry Spelman COM or
lained that while everything else had risen in m
ad become cheaper. Under such circumstances, nl
humane and enIghten , Judge could not do me
very technical advantage which the law could ssU
revent the preparation of those horrible stIoe thi
es, when heresy, witcheraft concealing treas
lnished with death; when banishment and i'm tbs
sonment, seasoned ard spiced with torture, were L
lnished by mere line or temporary confinement ti6
house OF correction, the dictates OF justice De
smanded that the courts, by every fair and WI
climate means should throw every possible oft
feguard around life and liberty ger
1t will thus be seen that the delay in the are
ial of prisoners had its origin in protest era
,ainst tyranny and the cruelties of barbar- IL IN
M. But our advancing civilization has fon
IMPLANTED oppression, faggots and bigotry. will
innocence no longer needs the shield of lea
lay to protect itself from the cruelty OF foo
spots. The accused can always get justice. Gel,
ne American people are sympathetic and VIII
lmane. The lynching of the mob is inspired sha
the belief that delay means aequittal, pa.
ID unless outlaws De forced TO a speedy hay
al the people will lose faith in law and and
bstitute the rule of the mob. OF
--------- of I
peo
ilbOr's Compound of Pure COd-Liver
Oil and Lime. aoa
The advantage of this compound over the pur
am oil Is that the nauseating taste of the ity
is entirely removed, and the whole rem Stat
red Palatable. The offensive taste of the dins
has long acted great objection to its will
=. hut In this form the trnuhle Ia ohxia iad I,eo,