Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-11-24
DELAYS IN CRIMINAL CASES.

The case of man charged with murder,
committed several months ago, was first
called in Court in San Francisco Monday.
Whereupon the defendants attorney
promptly applied for a continuance, not
because of absence of witnesses or inability
of the Court or its officers, but on the
ground that on the day set for trial he had
some other case in another Court which
he could not afford to neglect. The Court
granted continuance to near day GER
tain, and said the case would then be tried,
whether the attorney appeared or not.
Thus far the Court was probably right.
But when it proceeded to remark that it
had been said no murder cases could be
brought to trial in that Court except after
long delay, and he (the judge proposed
to demonstrate that cases could be tried by
his Court within a reasonable period, it
was thought best left unuttered.
1t does not become Judge, from the
bench, to take notice of outside criticisms
of the character referred to. His declara-
ton amounted to the confession of smart
under the whip of public opinion. 1t
savored too much of snasmnAin nnd ai.~-s
lived energy; but, above all, it tended to
lessen the respect the people should enter
tain for their legal tribunals Let the
Courts prove their promptness by their
practice of it, and not by boasts of inten-
tons. The people will not be slow to
recognize industry and vigor in the trial of
criminal cases, and they do not need that
Judges should call attention to their vir-
tues of promise and performance.
The application of the attorney for the
prisoner for a continuance of the case be-
cause of other business engagements, though
granted, led that gentleman to rise in Court
and criticise very sharply the California
press for urging criminal cases to trial. 1t
is to be hoped that the attorney was right
in his statement, and that the press does
make its influence felt in that direction,
for we fail to discover the evil he found
in the conduct of the press in this respect.
The delays of the law in bringing murder
ers to punishment are becoming unbear-
able They do more than all else to I'M
settle the loyalty of the people to the
laws. Such applications as that by the
attorneys referred to are hindrances in the
course of justice. There has been alto
gether too broad exercise of the discretion
lodged in the Courts to grant continuances
to accommodate the business engagements
Of lawyers. No man should be deprived
of counsel when brought to the bar of JUS
tice, but lawyers are plentiful enough, and
it is not necessary for Courts to foster the
business of any one or more of them by
adjusting criminal trials to suit Che de-
mands of their engagements. There has
been so much of this accommodating "
business that it has become crying evil
in our criminal practice. Criminal cases
ought 20 be tried within the span of the
lives of the witnesses, at least.
No matter what excuses may be made.
and what defenses advanced, it remains
that the people are disguised, discouraged
and exasperated at the laws DELAYS.
Speedy trials are the exception, when they
should be the rule. If we would encour-
age the endeavor to kill off commu-
nism, lessen discomfort, deprive socialistic
agitators and sand-lot orators of much of
their stock in trade, we should fully de-
velop the yigor of the laws, and cut short
the weary, slow and leaden-footed methods
of procedure. No man charged with crime
should he deprived of any legal right, no
privilege be refused him that the law
gives. Merciful care and calm should
dominate at his trial. But delay is not a
necessity of justice, or an attribute Of
mercy.
Let the Courts and the lawyers not for
get that the law itself presumes speedy
trials to take place in all criminal cases
and delays are, in 50 per cent. of the cases
complained of, the result of the exercise of
discretion lodged in the Courts and in the
slow movements OF the Court machinery,
that tend to defeat this presumption and
make it mockery.
1t is as certain as the shining of the sun
that the people through their Legislatures
will do all that by statutory law can be
done to cut off the causes Of delay. That
viii come about, and very possibly it will
be rudely done and work hardship, and
possible injustice. But it viii come about,
and we might as well awaken to the real
ization of it now, as later on.
In the meantime, the Courts can do