The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-12
LAW AND CRIME.


between the state-and that means organized
society-and criminals, every possible favor is
extended to the accused, as if it were the pur
pose of the prosecution to avoid conviction.
A man may commit murder, taking the life of
his victim in order to rob him, Or crushing
the life out of woman in criminal assault.
He may be caught in the act and
strengthen the evidence by making full
confession. In justice to society
his life is forfeited, and the law, untrammeled,
generally pronounces death as the penalty for
deliberate, malicious murder. But here the
processes of our super educated courts and
attorneys interfere, and the fellow is sent to
prison, there to await Indictment by grand
jury, which is but the beginning Of tedious,
technical trial, any miss in the details of
which is almost always fatal to the presecu-
ton. There is a paradox in law here. A
court of trial may not at once be called and
the case disposed of while the evidence is
fresh and accessible The accused must
| H1NO 0NtIJ duN VI uClfty' IIOW -
it when a citizen detects burglar in his
house, and shoots and kills him without mo-
ment's warning? Does the law dare punish
such promptness9 Rather, do not the courts
and the public commend such action9 Here
then, we have justice administered in its sim
plest form and with a prompttude that can
| hut boUa MI OIacorna nffaat Tho N2bo1a h1yci-
ness is satisfactorily transacted in a moment
There is waiting grand jury, no in
dictment, no possible flaws in the charge, no
challenging of jurymen ne exceptions to the
rulings of the court, no motion for
new trial, and no expense to county
and State One man acts as grand
jury, judge and executioner, and his verdict
meets with universal approval In most SINH
lar cases the same principle should obtain in
our courts of justice.
Take the perpetrators of the recent "burk-
ing butchery at Cincinnati. The guilty ones
have not only been found, but they have each
fully confessed the awful crime. Why might
not jury of twelve honest men have been
selected on the day following the confession
and passed on the guilt of the accusedl What
possible gain can come to justice through de-
lay and the tedious processes of elaborate trial?
Why do the people suffer such thingsP Pun
ishment should follow crime so swiftly as to
inseparably link the twoas caHse and inevitable
| effac+ II ic thece two hrutac ra11ct ha
corded delay the right to challenge every hon
est man proposed as juryman, the right to
take advantage of every senseless technicality,
if by accident they may succeed in entirely
escaping their deserts. They cannot even be
tried together, but each must have a separate
and tedious hearing, different jury and all
the advantages. By faulty indictment, en-
rors in rulings, and what not in the ten
thousand ms and outs of criminal prosecution
and defense, by the possible corruption of one
or more jurors, one of them may eventually Sc
cure acquittal, which must needs attach to the
other Worse still, the confession of guilt by
these fellows may be set aside, and their at
OOIloNo may N4ItCl % PiOo VI 14OO anu
the farce is prolonged until court, jury and
the people are heartily sick of the whole bust
ness, and are ready to agree to almost anything
in order to get rid of it.
But these are the cases of but two of the
twenty three murderers now in Jail at Cincin-
natl Others, doubtless are equally guilty of
daI;baro+a ,,o1;c;o,c ,Ourdar and +bair e,niI+
could readily be proved to the satisfaction of
everybody. Others, in fact, have con
fessed their guilt, and yet all must go through
the form of tedious and expensive trials, only
at last to be again turned loose on society.
With all these advantages on the side of the
accused, the chances Of conviction are SO few
and so remote that desperadoes dare laugh at
farcical statutory enactments, and the peace
and safety of society are at their mercy.
The impotence, the scoundrelly bravadc, OF
the Infamous Cash family, of South Carolina,
who have dared to terrorize the community in
which they live, are the direct result of all
this laxity and delay Confident that the law
against taxing human NE Will htraly W ei-
forced, they murder at will and are law to
themselves The farce of arresting the father
has begun. He has been taken to
jail, where instead of occupying
a felons cell like the murderer he is, he is
given the parlor, and treated with the consid-
Grafton and Difference accorded prince.
Daily papers are carried to him promptly, call