Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-02-14
Preliminary Examinations.
=, the Editor of the Dispatch:

Preliminary Examinations.
To the Editor of the Dispatch:
Will you kindly allow me space in
your columns for few words in reply
10 Fair Trial." whose very severe
philippe upon the law Of examinations
before magistrates is found on the ID
page of your issue Of the 9TH instant:
For years, now, have seen the prac-
teal operation Of the statute in cases
wherein have time and again appeared
both for the Commonwealth and de-
fence, and trust, therefore, that may
at least claim to speak from an UMPIRE
iudiced point of view when assert that
an unqualified repeal Of the law against
which 4" Fair Trial" inveighs would
be, in my Judgment, misfortune both
to the Commonwealth and to prisoners
charged with crime, and ] shall endeayOr
to state my reasons for so thinking as
briefly as possible.
1t goes without saying, think, that
" Fair Trials" assault upon the Nir-
gina Justice, the officer appointed by
law to execute the statute, whether
founded or unfounded, is no argument
against the justice or propriety Of the
law assailed. If the justices Of Fair
Trials" county are either ignorant or
corrupt in the discharge Of the duties
of their Offices, he has his remedy, and
a very plain one it is. But it would be
a matter Of deep regret If law just
and commendable in itself should be
repealed simply because one or more OF
those appointed to execute it had failed
in the proper performance OF their duty.
Through ignorance or carelessness, |
employ a quack to set a fractured
limb, and, as result, am halt
for life must the whole science
Of surgery be swept away, obliterated,
as a consequence Heaven forbid ,
Badly-eXecuted laws I've always been
taught to consider better than no laws
at all but in this age, when it is so
easy to rid the Commonwealth Of an
ignorant or incompetent officer, it
sounds somewhat absurd-doesn'tit -
to plead for the repeal of law on the
ground Of its being badly executed.
And yet this is the whole burden Of
Fair Trials" cry. Not one legiti-
mate argument, so far as ! can observe,
does he advance in support Of his posi-
ton.
The law is, in my judgment, a COM
mendsble one-a benefit both to the
Commonwealth and the prisoner.
One would certainly gather from
'sFair Trials" article that he held a
very high and exalted opinion Of the
dignity and Importance Of the grand
jury and Of the gravity of its present
ment, and of the utter insigniicance of
the trial and judgment by a Justice as
compared with it. | am rather dis
posed to differ with him here GER
tainly as to the comparative merits Of
the two as correct test of guilt or in
nocence. The grand jury is perhaps
essentially. from its nature, a partisan
body. They hear only one side of a
case, and that always the side of guilt.
How often do you hear judges instruct
grand juries that it is not their province
to hear excusatory testimony, nor TO
determine the question of guilt or in
nocence save to this extent Whether
there is reason to believe that a
crime has been committed and rca-
SOD to charge the prisoner with its
commission. Which, then, is the more
competent to arrive at correct con-
clusion as to the guilt or innocence Of
the prisoner, the grand jury, knowing
virtually nothing of law, with only the
Commonwealth witnesses before them,
and assisted only by the attorney for
the Commonwealth, or the justice, who
is certainly presumed TO be acquainted
with the law to some extent at least.
but who, in any event, has the assist
ance generally of counsel on both sides,
and an honest, fair presentation OF the
case: | will stake my judgment on the
Justice every time. He may sometimes
err, it is true-none Of US are infallible
for that matter-but my experience has
convinced me that, with the superior
lights before him, he will oftener be
found in the right than the grand jury.
But this is not all. Of the prosecu-
tions originating in the grand-jury room
| believe nearly, if not fully, one hall
result finally in acquittal. Unfortu-
nately our grand juries are often made
the weapons Of malice or revenge ;
often. too, trivial prosecutions originate
there, which might, and doubtless would
in many instances, be disposed of by a
justice by the imposition Of a small tine
or few days in Jail, and with minimum
expense to the Commonwealth.
And yet 8 Fair Trial" would have
the defendants in such cases denied the
right Of preliminary examination before
a magistrate, where, if innocent, they
might, with least expense and annoyance
to themselves and to the Commonwealth,
establish the fact and secure their hon.
orable discharge but would have the
Commonwealth and county or city put
to the additional costs and expense and
the defendants the extreme annoyance OF
a trial in the county or corporation court.
"Fair Trial cites an instance, which
he terms an outrageous" one, to
support his view Of the case. ! will
cite one or two which illustrate just as
forcibly the position which 1 take. /.
A snd B get into 5 difficulty. Ainsults
B, and B strikes him across The face
viii : light stick, cutting & small
sssA, and 'hsy han > Nv 4 esttlas