The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1884-04-03
APERTINEYT QUESTION.


The last number of the North Amer
lcan Review contains an article by Judge
J. A. Jameson, entitled "Shall Our CIV
ilization Be Preserved ?" The following
sentiments contained therein are sharp
ly emphasized by the riot at Cincinnati,
though penned of course, before the dis
turbance occurred:
OF the things necessary to be done to
save our civilization, the first and most
important is TO cause complete change
of attitude on the part of society toward
wrong-doing. What is now The at.
titude maintained? 1t is one
either of indifference, liberation, or con-
niYance, or one suggestive of paralysis
of the power of indignation, and of
every faculty needed for the repression
of crime Toward the criminal the at
titude of the public is that of weak pity,
not unmingled with admiration. The
criminal Is an unfortunate man, to save
whom from punishment seems to be the
chief end of the law. Look for mo-
ment at his trial in a court of Justice.
The jury, carefully selected for their
ignorance, are made judges of both law
and fact; to convict, they must be unani-
nous; If they have q reasonable doubt
| of guilt they must acquIt; they are
themselves TO determine what a reason
| able doubt; is and, to crown all, they are
instructed that il is better that ten guilty
men should escape than one innocent
man should be punished. These rules
and maXims, devised centuries ago
by merciful judges, then met the
ends of justice, since, as the laws were,
as against the crown officers seeking to
convict, a person accused had no chance
of acquittal, for he was allowed neither
counsel nor witnesses; but now they OPP
crate to screen the guilty from punish
ment, save in few cases where there is
general cry for vengeance against some
atrocious offender. The maxim about
the ten guilty men is pressed upon ju-
ries by every feion's lawyer as the great
/ safeguard of private rights. In truth,
| however, the interests of Justice would
be best subserved by making il read at
is better that ten innocent men should
suffer than that one guilty
man sh ould escape" Were that declar-
ed to be the policy of the law, juries
would be made to feel, not that the in
nocent were less deserving than before
the acquIttal, but that the guilty were q
hundred tunes more deserving of con-
viction and punishment; and the results
would be most salutary. In not one
case in million could an innocent man
suffer; and hardly one in q thousand ol
the guilty, instead three out of four, a!
now, would escape. How necessary such
a change of attitude is, may be seer
from the constant recurrence of volunta
ry movements of private citizens intend
ed to supply the defects of the law
Because great criminals generally escap
/ punishment, lynching parties are o
> weekly occurrence in our country. Citi
Zens' associations have been foun'
, necessary TO secure the execution of on
;, municipal laws. From the announce
ments constantly appearing in the publ
journals, that from such day laws, Ion
in force but left unexecuted, would b
5 rigidly enforced, one might infer tbs
G the duty of an executive officer is I
a cause the laws to be executed when b
pleases to do so, or not at all, if such
his will