The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1883-08-17

Y 10 prevent lhtm, tuat tue ABOVE
statute WAS enacted. We are all
familiar NiIh the evils that follow
upon It's nOn-vhSeTvanee. All wit
nesses are sGbpeHaed TO the first
day OF the court even when the SEES.
sion is for two weeks, rs il is in
jackson aud Hancock counties, and
they are h@ld day after day some
times until late in the second week.
This is gnevance 10 the witnesses,
in some instances an inlolerab.e
one, and 1t is an enormous cost TO
/ the litigJnts. These evils can be-
almost wholly remedied by an OBJ.
servauce ot this statute, aud in
behalf of my clients, mys, II, and
the public interests, all of which
are suffering BY its neglect, earn.
eStly request the clerks and the
presiding jnd-e e TO enforce this law.
| do not eensure any officer for
their past neglect. They only fol
lowed I'M old and bad practice that
they Inherited from their pIedeces'
sors, aud it is only Que OF numer.
Gus evils thas have prevailed on
this seacoast, but which should
not be tolerated any longer.
While We forgive tue past, let us
guard the future. | have no doubt
that our clerks and Judge will, now
that their attention is called 10 this
evil, promptly and cheerfully up.
ply the remedy.
In what manner they shall ap.
portion these cases for trial is left
to their own discretion. respect.
fully suggest, however, that The
following plan viii best promote
both the public aud private in.
terests:
Allow a sufficient number OF day s
for the State docket, according to
its eAigcncies, commencing on the
second day of the term, (uuleSs
otherwise ordered by the court>,
and after the days assigned to the
State docket, set the trial eases.
assigning SO many cases tor each
day as probably can be tried on
that day. Tue clerks are familiar
enough with tue usual course oil
trials to judge very correctly what
cases are seriously li,lguted aud
the probable duration OF the trials.
And while upon this subject !
respectfully sug est 10 the presi.
ding Judge that he adopt aud en-.
force he following rule Which
know prevails in the most cnigh,.
end courts in the United States,
aud which is this: That Il plrtS
who is not ready for trial at ans
term OF coult and proposes to ask
for Il continuance, shall file bis mo.
lion aud his atiidavilS, and causes
for continuance on the first day OF
the term, or as soon thereafter as
practicable, and tdiling to do this,
he shall not havo continuance.
THIS prevents injustice and surprise
to the adverse party. With this
timely application for continuance,
the adverse party can decide
whether to Goncede it aud discharge
his witnesses or resist the motion
and prepare to try the case, at all
events, which he caild0.
| may add further, in regard to
these applications for continuance,
that the enforcement of this rule
will not ouly promote the c0nve-
nience of parties aud of witnesses,
but will greatly diminish the costs
of suits. This rule, the adoption OF
which advise, is not only manifest.
~ wise, but is the rule enforced in
the best courts in the United States,
aud it is the rule declared by 0ul
law for capital criminal cases by
section 3059 of our code. AT
the last term of our supreme court
this rule was enforced, though il
cost u human life to enforce it.
Lee Ben Fletcher VS.. the State
October term, 1882. II continu
ance for an absent witness should
be refused to Il man ON trial for his
life, only because his attorney fails
to make prompt application Tor it
more manifestly aud uuhesitating
, " should such application be re
fused in civil cases where only pro
periy is at stake.
/ At the same term OF the supreme
court, (name of case not remember
: ed) this court highly comlneuds tht
circuit Judge for refusing con
tinuance for an absent witness IN
another criminal case, and bringin.
; the guilty to speedy punishment
, Much more might be written in ia
! vor of this rule, but this will do TO
. the present. | respectfully submi
these suggestions not only to on
J, clerks and circuit judge, but to al
the clerks aud judges, and all th'
> lawyers of the State. When thes,
! suggestions shall be accepted au,
J enforced, | guarantee that thei
y beneficial effects will be SO numer
. ous, great aud obvious, that the.
y will be apparent to every perso
}. who has any business or cxperienc
% in our courts.
% Respectfully,
0 BEN LANE PosEY.
q Ray CT Iouis Miss