The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-01-07
Good rhougat. From Governor HoNdiy.

In his annual message the Governor OF
Ohio makes many sensible recommends.
tons. He treats with peculiar force Grim
inal trials, the defense Of insanity in Grim
inal cases, and public hangings. With re-
gard tocriminal trials Governor Hoadlyis
ofopinion that "the whole fabricof techni-
callties can be swept away, leaving the
courts equal freedom in criminal as in
civil cases, by amendments and otherwise,
to mould their pleadings and process in
the interest of JUSTICE" He realizes, what
every man knows to DO true, that the en-
tire machinery of the law and the prac.
tice is on the side OF the criminal and
against society.
A fair trial is all that any accused per-
son can ask. This much society will grant
as a matter Of justice; more it cannot
grant without stripping itself OF the pro
lection TO which is entitled, III fact
there is not State in the Union where
Justice is done between the criminal and
society. A lawyer is sworn officer OF
the court in which he practices, bound by
his oath to contribute to the ends Of JUS
tice. This obligation counts for little.
A man might commit coid.biooded
murder on the Court House steps in
Wheeling, in the presence of ahundred Of
the most reliable men in Ohio county,
and have no trouble to find lawyer who
would clear him II he could. Success in
this kind OF business is what makes "a
great criminal lawyer" The ordinary lay
mind. little enamored Of fine technicali'
ties which let rogue go free, has much
difficulty to determine which isthe greater
criminal, the client or his counsel. Legis-
lators being chiefly lawyers, it will be
some time before We shall see any great
reform in this respect.
Governor Hoadlyis very severe on the
''insanity dodge" remarking that ut is
fashionable in certain class OF CAFES to
defend on the ground OF emotional insan-
ity; a state OF mind, however, consistent
with sanity Immediately preceding and
succeeding the crime, and it is considered
by many lawyers feather in the cap to
secure in this way verdict Of acquittal
in a capital case" He is lawyer of en-
inence, as well as the Governor Of great
State, who uses this plain language, But
laymcn do not need a lawyer to tell them
that the defense Of emotional insanity is
generally mere dodge to befog the jury.
Governor Hoadly would require the de-
Tense to be specially made, and specially
passed on by the jury; and if it be found
that the accused was insane when he COM
mitted the crime, he shall be sentenced to
imprisonment, with medical treatment,
"ior a period commensurate with the
gravity Of his ofiense." II the Ohio Lesis-
latursa at its present session were to do
nothing else than give effect to this recon-
,nendation 1t would deserve the thanks Of
every inhabitant Of every State, for we
might hope to see its good example follow
ed in other States.
Notwithstanding the law on the subject,
hangingsino hioas elsewhereare made trag-
distinctions for crowd. The law Of Ohio
forbids the presence at a hanging OF moro
than nine. persons besides the Sheriff and
his assistants. By disregard OF the spirit
Of the law the Sheriff appoints as many
assistants as he pleases. The Governor
notes that in the past year the Sheriff Of
Hamilton county appointed in one case
four hundred assistants" A hanging SO
conducted cannot be called private.
The Governor wisely suggests that the
law limit to minimum the number Of
sheriG's assistants; that where the county
Jail is not SO constructed as to admit Of a
private hanging the Judge shall designate
the nearest convenient and suitable jail,
the execution to be by the sheriff and at
the expense Of the county where the con-
yiction was had. He further recommends
that hereafter no jail be permitted to be
built without adequate provision for
privacy Of hanging, and Of the sutRcieucy
OF the prison the Court Of Common Pleas
of that county shall be the judge.
What Governor Hoadly suggests for
Ohio might be accepted with profit by
other States.
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