Daily tobacco leaf-chronicle. (Clarksville, Tenn.) 1890-1895, 1891-06-09

IS CENTS PER WEEK.
BRANDON Il BARKsDALE, PROPS.


in regard to the recent continuance
Of the Dunnaway case in his court,
which he considered a reflection on
himself. The press of the State has
been severely criticising the laws de-
lay and failure in furnishing crime.
The delays, continual postponement
Of trials, etc, give bad criminals
who have friends and money many
chances of escape.
Dunnaway is one Of those cases,
The crime was committed in Ruther-
ford county, and the prisoner got a
change of venue to Wilson county,
where his case was again postponed
on his affidavit that several material
witnesses were absent-his mother,
brother, and friends who harbored
him-all of whom could have been
brought in court if he had desired. Ii
was not alleged that these witnesses
would prove any fact connected with
the killing, but were wanted to help
out in establishing his plea of insan-
ity. Judge Cantrell published the
affidavit in justification of his course,
and also an appended statement from
Acknowledgement Lillard Thompson,
which furnishes food for reflection.
Says Mr.. Thompson :"I concur with
Judge Cantrell in the belief that a
trial and conviction in this cause
over the affidavit OF the defendant
would have been certain of reversal
by the Supreme court" No Judge
likes to have his ruling reversed
often by the highest court in the
State, for that would be reflection
on him, and so we find the judge and
attorney general consulting and
specializing in advance on what the
Supreme court will say If the pris'
oner is forced to trial over his ailida-
Wit for continuance. Swearing is
easy for the man with the halter in
sight. Aflidavits are cheap and con-
tinuances may be had until witnesses
are tired out. Here are the fOunda-
tions causes for mob law, which is be.
coming fearful. The press may
criticise and condemn, but ii does no
good; such is expected as a matter OF
course. The people have lost conf
dence in the efficiency of the law and
courts. According to the excuse
offered by Judge Cantrell and Mr..
Thompson, our supreme judges, who
are good men and able lawyers, stand
in the way. They are generally
overWorked, become tired of fumb-
ling over papers and hearing dry
arguments. They hear no witnesses
testify, know nothing OF their man
ner of testifying or the common sense
view of the case, and the facts must
be exceedingly plain and the crimi-
nal given the benefit of every doubt,
or on the smallest technicality the
court is disposed to lean to the
mercy side Of the question and
reverse the case, sending the criminal
back to the lower court for another
trial.
We have four men now in this
county who have been convicted
of murder in the first degree by
juries who looked all the witnesses
in the face and whose cases were
reversed by the supreme court, who
never saw II witness.
Again we have Others undoubtedly
guilty, who were tried and acquitted
by weak iuries.
AS matters now stand it is very
seldom that an intelligent man can
be taken on jury ON any important
case. Our Supreme court holds, and
our lower courts are compelled TO
hold, that no man is competent to sit
on jury who has any sort Of impress
sion on his mind which ii would re-
quire proof to remove, All intelIi
gent men are newspaper readers
these days, and no horrid crime is
committed that the public is not at
once informed of by the press, and OF
course what men read and hear
make an impression on their minds,
These same men, as a rule, would
make the best jurors; they would
have sense enough to enable them to
divest their minds of everything but
the testimony before them, weighing
the evidence with fairness and with
courage enough to execute the law.
If by any means a guilty man is
convicted the chances are ten to one,
if the truth must be told, that there
will be a reversal by the Supreme
court on the strength of some such
affidavit as was filed in the Dunna-
way case, or because the Supreme
judges are cot entirely convinced
that the prisoner is of sound mind,
or has had a fair trial.
Crime is Interestingly common,
and people conclude that criminal
law is failure and resort to mob
law. We must have Il change, Let
us wipe out the cob.webs and easy
methods of escape, and have intClli