The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-04-21
OF CRIMI.
IA Law.

The trial and conviction of Brady
one of the proven murderers of LORD
Cavendish and Burke, Is a striking
illustration of the prompt admins
tration Of criminal law in English
courts. AS a rule they try the case
but once and then OH its merits and
seldom make mistakes on law points.
When q jury convicts, If the crime be
one calling for capital punishment,
a short shrift is given and that is the
end of it. In the case Of Brady. DR.,
Webb, his attorney, moved for a new
trial but the judge overruled it and
sentenced the criminal to death, the
execution to take place at an early
day. There seems to be no hope of
executive clemency, for English
judges are rarely overruled in their
administration of criminal law, and
the murderer is left without hope.
But in American courts the case is
too frequently quite the reverse As
long as there is life there is hope for
the murderer. Shrewd attorneys
raise points in the rulings of the
judge, and it is a very plain case if
they do not succeed in sending the
ase to the Supreme Court in error, |
and have it tried the second time
and sent up to the Supreme Court
again. The result is that after awhile
the public forgets what it was all
about, and i: its sympathy has not
set in in favor of the accused and he
be acquitted upon the strength of it,
he will, at least, gain some years of
respite, or in the end receive only a
punishment in the shape of
imprisonment. But 1t is seldom an
innocent man is hanged ny Amer
lean courts. The claws delay"
furnishes him every possible means
p prove his innocence, and thus to
escape the extreme penalty of the
law. Although this same delay too
turns the murderer again
upon a community, there may be
some compensation found in the fact
hat the guiltless is also spared the
fate.
But there is a medium course which
nay be observed without prejudice
justice. The prompt action of the
English courts has in too many in
consigned innocent men to a
fate. In the trials now going
N in the United Kingdom there is
;reat danger that grave mistakes may :
'e made. English opinion is too apt
0 be intolerant, and just at the pres
mt time the English people are ,
lot at all disposed to be lenient :
oward suspects. They have, !
Without doubt, cause for .
erious complaint if not OF alarm. :
'he assassin's knife or bullet or q
ynamite may be felt at any time :
nd where least expected. II is not !
Iecessary to prove this. In the light .
f recent events the fact will be re- =
ognized. Hence there exists among !,
he English people a feeling of III
which borders upon a panic !
nd the Courts recognizing it aud =
OF altogether oblivious to their own I
anger are prone to be impatient of =,
clay and to withhold from the &C. :,
Used the benefit of reasonable doubts !.
his innocence. Indeed it is charg- :
l by many Irish refugees that JUS :.
ce cannot now be obtained for them =,
English Courts at the present :. =,
me. While this may not be VI
together true it will be admitted y
at less haste in the Irish
lals now going on would |,
Ibserve the ends of justice quite [
well as the present manner of q,
!shing the accused from the bar to m
e gallows. A slight infusion of et
e claws delay" in English Courts fo
justice at this ~juncture would be IL
'portune. 1t is better that ninety b.
ne guilty men escape than that nj
innocent man shall suffer. l.,