The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1889-05-22

Rogers.
ALEXANDRIA. La,

4tty.- General ". II. Rogers, Nop Orleans:
DEAR SIR see that Mr.. Stone, acting
upon the theory that "they all do it," has
suggested o convention Of the District
Attorneys. The object of this convention
is to wipe out of existence the present
criminal laws by which our Courts are
now governed andto lnanguratc new
system of laws which will meet the appro.
val Of the District Attorneys. As an ex-
District Attorney may not make a few
suggestions, with the hope that they will
be endorsed by that convention. How
would the following resolutions dol
/ Resolved, BY the District Attorneys OF
.he State or Louisiana in Convention as
sembied--
l. That the laws enacted by our anccs-
tors do not deserve to DO obeycd longer,
because they were framed and passed in
ignorance and do not meet the require
ments Of our advanced civilization.
| g. That the common law as it existed in
England aud adopted by us in 1865, was
a mass of "undigested patchwork" and
as eSpounded by Archibald Russell, Bsh-
OPP, Wharton and oth' rs is fraud upon
our people and can no longer be sane :
toned.
3. That we view with delight the new
departure made by our Courts in the
Ford case, and we unhesita tingly sanction
the following propositions:
| /. That trial by m impartial jury is
not right which the accused can demand
THIS is matter which should be left en-
tirely to the discretion of the trial Judge,
and while it may be granted in some
eases it should be refused in others
especially should popular prcjudice be
against the accused.
2. That it is not necessary that the ac-
cused should even be present at tie homicide
in order to lie guilty of munslanghter.
3. That when popular prejudice is so
would be hung unless verdict of guilty
was found, the accused is not entitled to
a change of venue.
| 4. That in case the Judge does not be-
lieve witness sworn by the defense, it is
his duty to refuse to charge any law APP
plicabis to the facts stated by said wit
ness, and in case tie Judge should be of
opinion that none Of the witnesses for the
witnesses for the defense are worthy of
belief, it is his duty to refuse to charge
any Law requested by defense, to discharge
the jury aud order the Clerk SO enter !,
verdict Of guilty.
5. That it is the daty Of the Judge to
believe every thing sworn to by witnesses
for the State. The fact that they are wit
nesses for the State shall be primo .facis
evidence Of credibi!ity.
g. That the presumption Of the law as
it now stands-'Every person accused OF
crime is presumed to be innocent until
his guilt is established by proof" should
be amended SO as to read: Every rersois
who is accused or crime is presumed to be
guilty until he proves his Innocence by
witnesses whose credlbi,ity shall he ac-
knowledgel by the Judge" III case said
witnesses should be unknown to the Judge
then the truth of their statements may b..
Admitted DO the District Attorney should
SAID witnesses be known to him. In case
however, that said witnesses should b,
unknown to both OF said officers, then
their testimony is to be entirely t!isre
garded upon the theory that citizel
whom neither the District Judge nor Dis
srict Attorney knows is too insignificant
to be tolerated in Court. In such case
the State shall not be put to t|ia trouble
of Offering proof, but verdict of guilt,
, shall be entered in accordance with til,
above presumption.
I. That only those entertaining feeling
of apimosity towards accused, or belong
ing to a "Law and Order League shall
be competent jurymen. In case tina
these cannot be found, then trial by iur,
ordered.
S. 1t shall not be necessary that the ac
cuted be arraigned, or that he Shout,
, plead to the Indictment, or that he shaul'
be served with copy Of the lndictuien
and list of the jury.
8. 1t shall not be necessary that h
should be represented by Counsel, and il
case the accused should he able 70 enpIo
? Counsel to represent him, said Counse
skonld be allowed Us few privileges a
possible
10. Tho accused shonlA be allowed u
challenges.
II. In case the accused is acquitted tn
State should be allowed an appeal, bu
, under no circumstances should the &C
cused be permitted to trouble the Su
!, preme Court.
II. The Judge shall not comment OF
the evidence, but he may intimate how Ii
thinks the case should be decided.
-. The jury are the judgessof the lax
and the evidence, but mast take bot
from the Court.
Now, these are only some Of the chan
ges which should be made, and if ever
District Attorney will suggest as many
: by the time the convention meets the Die
trict Attorneys Codo will he quit
: lengthy, if not wealthy and wise. Yo
nnaI MT tbenl, mn for this klo Il,