The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-04-24

talismen professional jurors on juries /,
in capital cases.
1t is a great pity, indeed, that some |
such law as the above did not pre-
vail. 1t turns back the day of our
emancipation from the awful thral-
dom of murder just for that long
for as long as the state is permitted to
go without law forcing the swift, sure
and impartial punishment of the aw-
full crime of murder.
For the first provision in the count
above we have case now before the
state courts which points to the wis
dom contained in it with peculiar
force and power-the Adams trial at
Dallas. This man committed a heart
less, cruel murder, was bailed and
would have gone off and forfeited the
bond, but the liberty allowed him in
the interval between the crime and
the trial enabled him to so ''fiX things"
that acquittal was considered certain,
and the patriot determined to remain
rather than submit to the inconven-
fence of expatriation. No bail even
in cases of clear self-defense, but a
speedy trial, so that man justified in
the commission of murder need not
languish in prison, and the guilty
may be speedily punished. That
if far better The second suggestion
is so self-evidently the true policy
that no argument or illustration is
necessary. Every man capable of
making an intelligent verdict reads.
and of course hears testimony and ar
rives at mental verdict long before
the trial. His very intelligence is a
guarantee that he has no prejudice
which cannot be modified or changed
entirely by adequate testimony. The
third is equally well put. The old
plan of putting the state at a decided
disadvantage at the outset was and is
a travesty upon justice, a bid for I'M
faithfulness on the part of the officers
and a warrant to the jury
F that the interests of justice
: required verdict against the state
l The policy of a majority verdict can.
not be successfully assailed, and the
5 adoption of that provision alone would
decrease crime in Texas fully fifty pei
cent in six months. The arguments
in favor of this principle are so many
so startlingly convincing, so sound, Sc
: clear and so perfectly unassailabl'
that the only wonder is, it has NO
l been engrafted upon our statutory en-
actments long since. Perhaps tn,
' most prolific cause of the defeat O
4 justice has been the lack of the princi
b pie in our laws contained in the 5tl
). provision as stated above. The murder
er and his lawyer both understand The
nature of the perfect impunity, tn
absolute safety for the red-hande'
fiend in continuance. If tried Will
: the facts and circumstances of tn
: crime are all fresh in the minds of tn
: p ople, and the witnesses are accessi
! BILE, conviction is inevitable. Contin
l uance picks up the gallows and place
a it down at safe and comfortable dis
J, lance from the guilty wretch. L
: addition to the placement of the re
: sponslbility upon the shoulders of tn
presiding Judge, the laws governing
, continuance should be thorough
e over hauled, and every loop-hole o
J. escape closed against the miserabl
g murderer.
Q There is no question as to tn
O soundness of the policy of ihcreasin
s the term, the pay and the persona
3 Importance of the judge and distric
e attorney in every possible way. 1t
t the only way to enforce respect flo
v aw, to invest the persons of its minis
# tiers and executors with all the i'm
II portance which should naturally a
l. tach to them. The last provision i
s. this most admirable list of Grimm;
n amendments is of equal importanC
II and of equal wisdom. These priI
d ciples engrafted into our law
s. and in six months-a yea
n at most, Texas would |
It as free from the crime of murder
d any state in the union.
= We shall urge the adoption of thes
le wholesome principles upon every Lee
B. islature so long as we live, or unit
.e they become not only part of th
" law, but an active working principl
ic of the legal economy of the stat
O They contain the statement of til
If germ of the trouble and also the TIT
ir principles underlying the remedy
h the only remedy-prompt and adj
"a uuate punishment.
Bankruptcy.
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