The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-03-15
SHOULD rnn INDICTED TESTIFY

men on tfial i0f c!linlliA oHtASta 10 TESTIFY
In their own cases. The experience Of
jurists. aided by the common sense of the
country, mas deliberately concluded that
the public interests Of the land would be-
better protected by this practice than by the
antiquated method Of compelling the ac'
oused to sit quietly and hear mis- aocusers
tell their story with full knowledge that
Shey can exercise their unlounded prelu-
dice. or what is worse, their maleyo-
lent dispositions, without chance
of being held accountable for the
evidence they may give in. 1t is to be re-
GREETED that our legislature has not seen
proper to adopt the same liberal and, TO our
mind, wise policy in the conduct of crmi-
nal causes. II certainly would conduce to
the more careful testiiyiug of witnesses, es-
pecially in cases Of neiehborhOod broils,
when whole community may be inilamed
with passion against parties whom they de-
sire to see convicted. But the most imme.
date and benoiicient effect would be seen
in the clearing away, by the evidence Of the
defendant, Of circumstances pointing to his
guilt. which might implicate him unex-
planned, and which his own tcsti-
mony could dispel without the shadow
of doubt being left in the minds
of those who sit In trial upon his guilt or
innocence, Another very urgent reason
for this change IN the criminal system con-
sists in the fact that an innocent man
always wants to testify whilst the guilty
culprit shrnks from encounlcring the bat
terry of u skillul prosecution. This has
been illustrated in tho famous or infamous
star route cases where BRADY aud DORSEY
decline either TO appear on the witness
stand themselves or to allow their books
and papers to be produced. What is the
result Simply that their declining to
take advantage .oi a privilege
which any prosecuted man wond
crave, they have stamped upon tho
public mind IN indeliblo impression Of their
guilt. True 1t is that the laws giving this
right to accused persons IN the courts OF
the United States, and indeed, in ali the
state courts with which we are familiar,
carefully endeavor to guard against the pre-
sumption arising against them rom their
failure to come before the courts in Their
own behalf; nevertheless, it always has its
influence, and every right-thnking man
will agree to himself TINT there must lie
some peculiar aud discredtable reason for
such decension, knowing that he, as an in
nocent man, would desire nothing
better than TO BIO able to face his
prosecutors and deny or explain
what they have promulgated 10 his, preiu-
udice. Thus thepublic gains an advantage
which IL isjustly entitled to, and more than
compensates for the danger TO be apprc-
hended from sharp rascals who by perjury
might defend themselves successfully
against the just penalty of violated laws.
A jury is not apt to be influenced by the
evidence of the party on trial and 1t is only
in instances where conlirmatory Circum-
stances sustain his evidence that ho can be
benefited. Thc prosecution is always al
lowed the closing argument, and II the can :
dldate for the penitentiary or gtbbet is not
very, indeed far more than ordinarily
willy, his misstatcment5 will DO dis.
covered and exposed The most notable
instance of the justice of the views we adj
vocate was strlNngly exhibited in case of
II negro on trial for his life in the adjoining
county OF Ellis, and with our own judge
the HONORABLE GEORGE n. ALpEEuGE, pre-.
siding. The general impression was aecid-
edly untworablo TO the negro, and the cir
cumstances developed on trial, had.woyen
o very strong chain of indirect evidence
against him After free trial the jury re-
turned verdict of guilty against the poor
fellow, and the Judge had taken his seat ioi
the purpose of delivering his sentence. Up,
on asking the usual question as to whether
he had anything to say why sentence
of death should not be passed upon him
the candidate for inglorious Immortality
rose, and by bret and sententious ex'
PLANTATION of the main facts elected on the
trial of his case, and which, unexplained
would have satisfied any candid man OF his
guilt, the judge, OF his own motion, and
without consultation with anyono,promptly
ordered new trial. His judgement and
merciIul disposition were shared in by tn,
entire audience. and so obvious was tn,
negroes innocence that the count,
attorney arose and asked iol
la mol pros of the case. II
is unnecessary to add that the case was dis
missed and the life of man spared VIII,
had hitherto borne an excellent character
judicial murder is to DO more avoided, |
possible, than the preparation of that ter
rible crime by individuals. Tho system
of allowing suspected parties to testify ha
never been abandoned when once adopted
and we trust our own state in the near fii
ture may engrait upon its criminal pro
cedure practice which from any stand
point. We may view il, must result in thu
protection of the unjustly prosecuted, with
out ailording the actual culprt any advan
tage whatever that he does not now enjoy
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