The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-08-17
ENGLISH CRIMINAL LAW.

A Code That Savors Much Of the Barbarity
of Earlier Times
Our special dispatches this morning, says
the New York Herald, show that public
feeling in England has been aroused 70 an
almost unprecedented degree ny the con-
viction and death sentence Of Florence
May brick.
This popular agitation is due in large
measure, If not wholly, 70 certain peculiar
features in English criminal practice.
Chief of these is the fact that the death
sentence pronounced upon Mrs. Maybrick
by Justice Stephen at Liverpool is ire
vocable except by the queen of England.
Whatever doubt there may be as TO her
guilt or tie fairness of her trial, however
unjust the verdict of the jury may be
thought, the only power that can now
change her fate is the pardoning power OF
the sovereign
This is strange feature of criminal pro-
cedure in England that is unknown in the
United States and would not be tolerated
here. In this country the verdict OF the
jury and the sentence pronounced by the
trial Judge in 3 murder case are always re-
vieWahle by higher court, and in case of
appeal are never final until sustained by
the court OF last resort The prisoner has
the right of appeal. both on questions OF
law and matters of fact If be chooses TO
avail himself of the night it is not until the
highest tribunal of the state has declared
his conviction and sentence just that the
penalty of the law can be inflicted.
But strange as II may seem 70 Americans
there is in England no appeal to q higher
court in capital cases either on questions of
TACT or on questions OF law save in one in
stance. II legal question Is raised on the
Trial the judge may reserve IL for the court
OF crown cases reserved But reServiDg tt
is entirely discretionary with bim, and If
a. - ~. .
peal. The RrOssest legal errors may be
committed In conducting the trial, the YER
dict OF the jury may be clearly against the
evidence, facts may be brought to light
after the trial establishing the Innocence OF
the convicted prisoner. yet no appeal Is
open except TO The sovereign through the
| home secretary.
Tast such a criminal system should be
/ found IN Russia or in some semi civilized
/ country would not or 3 matter Of surprise.
Its existence in the EBgiish Jurisprudence
/ of the nineteenth century seems aiteOs- In
/ credible to Americans. Jus.lee stephen hsI
/ pronounced the practice zone OF thp great
est defects IN our whole system of criminal
| procedure" and parliament has been
urged 70 reform il. But il sim remains.
| Again, English law does not accord ar
/ accused murderer the privilege OF testify.
/ ing IN HE own behalf By permission OF
/ the Judge be may make q statement from
/ the dock. In that case he is not sworn and
| IL not subject 20 cruss-eXamluatiOn. Mrs.
Msybrick was allowed o. tell her story, but
| it did not have the weight or sanctity OF
| sworn evidence subject TO crOss-examina
| ton. and not being such evidence her state
/ ments could not b- cuTrobOrated By other
/ witnesses In New York and other states
/ while the accused is not required 70 testify
/ in bis own behal, he has the right 20 do go,
and his story becomes part Of the sworn
evidence for the defense
Another striking contrast between Eng
1 Hsh and American practice is illustrated by
the judges charge to the jury. There i
may have the practical force Of an aTgu-
ment for the prosecution OF = plea for the
/ prisoner. The jurors may be dominated
i by the Judge. The verdict may come from
the bench rather than the jury box Here
/ the jurors are the sole Judges OF the facts.
4 The judge reviews, snslyzes and sums up
the evidence. But be must hold the scales
/ OF justice even He must neither express
nor betray bis opinion Is 10 the guilt OF
innocence OF the accused Tue verdict
must be the verdict Of the jury, not the
/ the Judge
The English system does not throw
around the innocent the safeguards estab
| lished by the American The former doe
| not always secure the accused fair tris
or satisfy the public that justice has bosr
done OF this the May brick case Is q fOrci
bic illustration The trial has lett at leasl
/ q serious doubt IS 10 her guilt