Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1884-01-25
INCREASE OF BRUTAL CRIMES.
rs the Administration OF Law in
Our Courts n Shamt

JOURNAL cnn bear us witness that we have
On tevcrnl occasions claimed il there was
not n radica change in the modes of ad-
Justice the efficiency of our
courts and respect for law in this country
would be recorded among the lost arts,
and tie .perpetuity of our institutions
would depend upon the Intelligence, pa
lriolism and Vigilence Committees. We
ask Tor the article a careful aud calm
consideration by every lover OF justice and |
every one who desires to inform himself
that I've may be Cited to ossist in applying
the remedies TO eradicate the evil:
The increase of atrocous crimes Is APP
palling, especially of marder and rape,
and on this in its most horrible degree,
that Of children. The increase of brutal
crimes is far greater than OF population
This IL peculiar to the United States for
criminal statistics OF Great Britain show no
snch growing ratio. Public writers cudgcl
their brains 10 account tor il. and their
causes and remedies are feeble minded in
un6tness. But there Is cause, and il
stares all IN the face, hut they will not see
II. If all laws against the worst crimes
WtIG Itltdltu, Nlo ulltlekt ullNu WOnlu see
the cause of the increase OF these crimes
Let society ponder mud consider whether
our administration of law In these afro
cions criaies has not approached this effect.
If they find II so, they need not 70 nbou,
beating the bush for causes and for schemes
or moral remedies.
The practice of our courts in cases of
great crimes has sirangled the law. The
courts have become instrumentnlitie to
protect the guilty. fhe more horrible the
crime, the less likely conviction. The
niischievous maxim that il il better than
ninety and nine guilty persons he ncquit-
ted Chan that one not guilty should be
! convicted, has been pushed in practice to
| the extent that il is better that all the
guilty should escape than that one should
be punished. The public have no conf
tience that u murderer will be hanged by
the court. They have no respect for the
| administration of law. Why should Grim
inais have amy fear of il?
The only real administration Of Justice
in atrocious crimes is hy Judge Lynch.
| Way should il not execute Justice when
the Courts have strnngled The law? Ia
| primitive state ot society it administers
Justice in this direct and immediate way,
the whole community acting. When the
society becomes SO large that the action Of
the whole is impraclicable, IL delegates this
work To regular officers, When these have
broken down the law, why should not the
community resume its rights? When u
criminal is taken red-handed, and is
promptly executed, the end of the law is
achieved. When the captors hand him
over to the officers, they have no assurance
that the law will be executed.
| When , rnnr,larar IL .,uhIi,Iy fol 80,
the fact, nd there is no question of his
guilt, the practice of the Courts outlaws
the community, and makes his crime the
only thing lawful. A maxim is that no
penal law can lie enforced without The
support Of public opinion; but the public
opinion that the murderer ought to be
hanged is held 10 disqualify the communi-
ty from supporting the law. 1t is ground
Tor shifting the trial to place where the
community has no opinion. The Justice
OF the community is thus outlawed the
security of the red handed murderer is the
only lawful object. The moral effect OF
punishment is list when 1t is separated
from the crime by long time aud forget
ting; yet the regular practice is to Put of
the trial of horrible crimes till the public
has become unmindful. And by this out
rage OH justice the fading memory of the
witnesses in minor details gives means to
discredit them and confuse jurors.
All this is immoral. 1t Is perversion
of the Courts 10 the defeat Of justice. Ii
disappoints and disgusts the public, and
makes it regard the Judiciary as chicanery
y. dIvests the law OF It's terror TO murder
ers. Juries are a further means for de
feating justice. The publicity of horri-
ble crime gives sl ihe intelligent an idea
OF its character, which, uader the refine
ments Of our Courts, di-quaiiies them
THIS reduces the not Disqualified to tll.
most ignorant part OF the community
, The fact OF indictment by a grand jury
gives TO any reasonable mind an impres
sion that The accusation has good ground
but under the kind of examination whicl
. is allowed, even this might he made u dis
! qualification,
b, Atthe best, trial by jury reduces the ad
, minis ration OF law 10 absur,llty. To re
member, weigh aud sift the testimony IN i
! long trial, and TO separate the perlinen
from the irreleveni, requires an expert il
I practice. The average jurors, even il the.
, should be of average intelligence, are in
competent for this. The practice Of III,
. defense in a notorious crime is TO conlus
, and divert their minds by multiplying il
e relevant testimony. 1t is illegitimale. bu
the loose practice OF politically electiv
E judges allows it. When at length the per
son guilty ei an atrocious criiae is brougi,
e to trial, details OF time and cirrums. unce
have faded from the memory oi eye-wit
nesses. and out of these an appearance c
r conflict and testimony is fabricated, I
confuse the ignorant juror.
c Nor is this the worst. A kind OF crinii
!. nal lawyers, us they are apty called, vii
I undertake 10 clesr the most atruciuu
? criminal, if he has money, or for The SAX
e oil the trade Hoioriety, if he has 40 meme,
and will Intentionally 90 at witnesses I
E destroy their character. In cases OF rap,
!. the outraged woman and her family mns
r look To have their characters dragged i
u the Inire in the pursuit OF this trade Of
:, criminal lawyer. They may even find
, dangerous TO be prosecuting witnesses j
C cases Of rape oi children--a crime {
, dreadful frequency. And by the della,
t and repeated coniinmsnces, and change {
{ venue, and the inadequate support Of wi
ne.ses, the family ol The murdered or ray
RI isled may at last lie driven in ,lespsir I
D cease 10 co-operate will, such cool prosecu
= tion.
e If the criminal has property he can gni
y a law partner to ,ise to clear him by ever
n
e risk Of the peniten,iary. Even il he hr
9 no property, and The crime is alroclous an
o notorious, lie can find partner To III
e every trick to clear him, for the benefit q
s his trade OF criminal lawyer. lie VIII,
). knowing the person to he guilty Of hor
l rible crime, Tor which he ought to
: hanged, takes mp the job to clear him b
!. objecling TO intelligent and fair minde
!, jurors, by inciting evil pr.judices, b
l browbeating witnesses and trying to con
e fuse them and the jury and in general b
II trying 10 defeat what he knows to be on
n raged justice, is no better than lie VIII
committed the crime. Yet the theory
d law regards such an officer of the court I
= and the administration oi justice.
I, If at length conviction is carrie
3. against all these entanglemenls of law, an
a against the regular plea of insanity, an
d against the chances Of moral enfesblemei
II oil even single juror, who has been d