Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-12-21
DA LIZ
p0sT MTEILIGENCER.
.,VP1ITYINC LEGAL PnsCEerRs'

The Attorney deneIai IN u's 'ose
ocyt makes some very useful and necee-
..,v snooesti ms touching the sinplin-
,.t;on Of pIeadings ia criDinal Cases,
The adoption OF which will be hailed
Nth delight by every Judge ~, "hd
in United States Courtf.
Under the present practice-in prep"'nR
indictments for offenses againet 'oe
limited States it is necces ary to follow
n a common law forms Of the last cen
tu,v With all the technicaii'ies, ver''si-
~ of description, repetitiors and pre-
cision Of statement then required,
whereby says the Attorney 'enetai
that which should be a simple aho
concise written accusation becomes
lengthy and painfully confused mass OF
and allegations wholly IN
intelliQible to the defendant who Is
called upon 70 answer. or to the Jury
.a,aotea TO try the case" CondsmninR
tbis adhesion TO ancient forms, ne goes
on to say that "there ID no good reason
vbv an indictment ought not to be
.d;udoed sufficient and good in Law
vhioh charges the crime, substan-
tally in the language OF the
Act prohibiting tho crime and denn-
ING the Punishment. or 10 plainly
that tho oilenss charged may be easily
understood by the jury," and submits q
section for enactment BY Congress-
vhioh embodies the recommendation.
In nearly every, il not every State in
the Union the common Law form Of IN
allotment has been superseded BY one
moro condensed, which usually in stat
inc tho crime uses the language OF the
statute defining it, the mode OF commits
sion and tho punishment attached
thereto. Much time Is thus saved and
far greater clearness in setting forth
the ofense il attained.
The Attorney General in detail calls
attention to some changes which ne
suggests be adopted, as in pleading a
written instrument, whereas az the law
now stands Il must be copied into the
indictment with literal exactness, the
omission of word being fatal defect,
he suggests that lit would be sufficient
to aver or describe every such instru-
ment by any name or designation by
which the same may be usually KNOWN
or by it, purport, and in such manner
AZ to Sufficiently identify the instru-
ment without setting out any copy" In
referring to the precision with which
under the common law practice It il
necessary in cases of murder or man
slauRhter to describe the manner and
means by which death was caused. and
the fact that q mistake in such descrip'
ton il fatal variance, he suggests
that 10 would b sufficient in an indict
ment for murder to charge that the de-
PENDANT did "feloniously, wilfully and
Of his malice af0rethought kill and
MURDER the deceased, or in case OF
granddaughter that the defendant did
kill and Stay" the deceased. This hs
thinks would he sufficient in each Of
those cases to apprise the defendant Of
the charge against him and relieve the
Government Of the risks Of failure
now incurred in making lengthy and
technical descriptions Of the manner
and means by which death was caused
Regarding the indictment and trial Of
accessories before the fact, he calls II
tsntion to the circumstance that suot
defendant cannot he tried unless thu
principal shall first be tried and con
voted, and that II the principal escape
the trial Of the accessory must te post
poned or abandoned however strong thu
proof Of his guilty participation, and
says this defect in the Law should b
supplied by permitting the accessory Il
be indicted, tried, convicted and pun
ishsd in all respects ~ II he we're .
principal. Respecting the correction Of
an indictment after being found by Z
grand jury, tho Attorney General says
"6hould Il appear that there vas q
single inaccuraoy or clerical error, either
In the spelling Of name or In natter
81 formal description, it would be
fatal defect, which would compel thu
Court 10 quaah the indictment. In thai
case the prosecuting attorney would
have to begin his work anew. and II il
the meantime the statute of limitation,
had interposed, tho defendant, however
guilty, would b yet at liberty. Should
an inaecuraoy, error or variance appear
during the trial, II would result n the
acquittal Of the defendant" To remedy
this evil hs recommends that Judges Ia
the United States Courts sheuld, like
Judges Of State Coufts, "have the pow.
q at any stage Of the trial 10 correct
any suoh inaocuraoy, variance or erroI
by amending the indictment" General
Brewster also recommends, excep,
In Gases Of treason or other grimes
where the penalty ID death, that forma
arraienment, wherein, in accordance
with ancient usage, the prisoner remains
Standing while the clerk reads thu often
almost interminable indictment, b dis.
pensed with, and thst, instead. the
charge laid in the Indictment should b
briefly stated BY the clerk, using only
20 much language ~ would advise the
prisoner clearly Of what he 10 charged
These are bat few Of the many
changes In practice recommended in
the Attorney Generals report with 70.
spect 70 criminal procedure. With
them hs submits sections to Be adopted
which cover the suggested changes.
Tho majority, II not all the amend.
msnts have been adopted in England and
In most Of the States, and. - 10 peril
nently remarked, after having been in
force for moro than \ quarter Of cen.