New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-16
tate of the BARI would have made the MEM
bers more mindful of his might"

tate of the bar'l would have made the mem
bers more mindful of his might"
IF Justice is done in the contested election
case from the Ist Congressional District oil
Florida. another negro &, very black one, too)
will take his scat in the House, and Demo
cratic sensiblities will be wounded again. lhis
is the case of Mr.. Witherspoon against Coiohel
Davidson, and it has some mover FEATURES VI
wickedness that are worthy OF special attehIion'
The election frauds in the Ist District were aS
flaerant as any that had been perpetrated III
the South but the Republican contestant mas
not been able TO present proper legal PROOF TO
sustain his case before the Elections Commit
tee. To prevent him from collecting evidence
the Democratic Governor removed the no'aI1es
who were willing to take dispositions. The
judges to whom he next applied were threat
ened go that they would do nothing, and the
lawyer who was at first willing TO pre-
pare the papers was so inundated that
finally he would take 10 steps in the matter.
These reasons have influenced the Elections
Committee so that it will probably recommend
that special investigation of the frauds
shall be made in Florida, and that Mr.. Wither-
spoon snail y nave icdNe 10 "lthh@" LILO wi"
test without prejudice
The bill offered by Mr. Lynch, of Mississippi,
in the House, to amend the Federal Election
laws" appears to deserve careful consideration.
Among its provisions is one which authorizes
the United States supervisors, at any precinct
in which the State officers fail or refuse to open
the polls, to organize an election board and
conduct the election as nearly as practicable IN
conformity with the laws of the State, and to
make the proper returns United States super
visors are to be appointed for every election
precinct, and they must be of opposite political
parties and citizens of the county or parish for
which they are named The supervisors are
also authorized to be present in the room where
the ballot-box is kept from the time the polls
are opened until all the ballots have been cast,
counted and canvasscd, and any adjournment
or intermission during that time for any pur-
pose is prohibited. The supervisors are also to
be required to make regular returns of the
election in addition to the returns made by the
State election officers Mr. Lynch probably
knows as much by personal experience and
observation of the changes needed III the pres
ent laws in order to secure fair elections as
any man in the country, and the bill which he
has introduced is the result of his experience.
The law which recently was rushed
through the Assembly, apparently to allow
the murderer Sindram one more chance for
his life, might well be repealed now. 1t failed in
its purpose then, for Sindram was hanged.
Some of his lawyers declared afterward that
the evidence on which motion for new
trial was based had been known to them
when they first undertook the defence but they
had not thought it worth while to use it. 1t
was new only in the sense of not having been
used. Under this definition new evidence
is always at hand; and with this statute
in force, a second trial will be moved for every
convicted murderer, no matter how ably lie
was defended. And If another trial be
granted, it is possible that an acute lawyer
might get his client of on the plea that man
cannot twice be put in peril of his life. a
motion has Just been made in behalf of the muir
derer Leighton on the ground of fresh proof,
although the mulatto admits that he killed the
woman. To the lay mind this evidence seems
to have little weight, but of course it remains
to he seen what the Judge will think it is
worth 1t is pretty safe to say that if proof of
innocence shall be discovered in any case
the Governor will consider it and exercise his
pardoning power in behalf of justice. The real
value of so-called new evidence was well shown
in the efforts to- save Lamson. The present
law on this subject might safely be removed
from the statute book. Much less can be said
in its favor than was urged i'll behalf OF the
measure allowing the defence to make the clos
ing plea at a trial. There is too much delay in
Furnishing criminals who have been convicted
after fair trial.