Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-01-10
.TRE DEA FINDS FAVOR.
ATTORNEYS WHO URGE A CRIMINAL COURT
FOR OHIO COUNTY.
Arguments Advanced by Leading Members Of the
Bar, for Carrying Out the Registers" Idea
of New Tribunal.

Court for Ohio county, both as a means
Of securing a better administration OF
Justice through speedy trial OF criml-
nal causes, as we'll as relieving the civil
docket OF the strain now put upon 1t,
meets with the hearty approval OF slarge
majority Of the members OF the BAR
and attorneys, with few exceptions
express the hope that there may be a
tangible realization OF the Idea al the
next session of the Legislature.
When Prosecuting Attorney John A.
Howard was asked about the matter
yesterday, he said:
81 am heartily in favor Of Criminal
Court on the lines suggested by the
REGISTER last Sunday. Kanawha,
Wood and one or two other counties In
this State have such tribunals, created
within the last tmo or three years, out
none are modelled on plan quite suit
ed TO the needs of Ohio county. We
should have a grand jury for the Grim
inal Court, selected to serve for three
months, and which could be called to-
gether at any time for the consideration
of presentments. The Court should
have monthly terms. Such Court
would be cheaper, in monetary sense,
aud would secure better administration
of Justice, because the expense OF
keeping prisoners in jail for from
one to five months, awaiting a trial,
Aa Than tho f.
tendant upon Summoning witnesses
again and again, growing out OF the
croWding of criminal cases of the dock
ct by civil cases, would be saved. l
have studied the matter for two years,
and | think it can be demonstrated that
a Criminal Court would save money for
this Court. One OF the most important
reasons for the existance Of a Criminal
county is the better facilities it would
afford for the trial Of criminal
cases promptly. Long delay between
the commission of crime and the
trial Of the accused always make the
prosecution more difficult. / have fire.
auently kept witnesses in Jail for two
or three months in order to have them
present at the trial Of important Crimi-
nal cases, anu llCll nave oO1lONiulOo ONOL
compelled to release them and let the
prisoner go, because OF the delay in get
ting a trial. Persons accused Of petty
crimes about the beginning Of one term
of Court, and especially il they are
strangers, are compelled TO lie
in jail for two ORC three months,
or until the beginning Of the next term.
In many such cases the offender has
suffered excessive punishment before
his trial, and we have had cases Of this
kind, during the last three years, where
parties, protesting their innocence,
desired to plead guilty rather than
wait for trial. Therefore 1t some
times occurs that innocent persons
suffer unjust punishment, while the
guilty offender, who can furnish bond,
is enabled to get his liberty and have
his trial delayed until witnesses have
gone away or forgotten the minute de-
tails of the transaction to which they
are to testify, and very often this class
OF criminals escape punishment en-
tlrely."
What effect would such a tribunal
have on the present Circuit CouTt?"
THE demand for a Criminal Court Is
not owing merely to the fact that the
dockets are more crowded than usual,
on account of Judge Campbell's illness.
The situation is little better when both
Judges are at work. They have not
sufficient time 20 try the civil and Grim
inal business, because they have Court
in session either here or in one of the
other counties Of the circuit nearly ten
months in the year, and would, 1 am
certain, have enough TO do If they were
relieved entirely Of the criminal bust
ness"
"There should be no appeal from the
Criminal to the Circuit Court?'
mo, sir. The right Of appeal should
be only to the Supreme Court. The
Criminal Court should stand equal with
the present Circuit Court as to that"
Mr.. II. S. Riley was asked for his opin-
ion upon the Criminal Court, and said:
"You can say that am very heartily
in favor of the idea. think the esta6-
lishment OF such a Court would be
one OF tue greatest blessings the
coming Legislature could confer
upon Ohio county. 1t is needed,
not alone because Of the present
crowded condition of the Circuit Court
dOckets, but because it would secure
better and more speedy enforcement of
the laws, and at the same time be Of
substantial benefit to the innocent de-
PENDANT in a criminal proceeding, in
bringing about his vindication and
restoration to liberty. The REGISTER
is thoroughly right in advocating this
idea, and l hope to see it carried out"
Ex-Prosecuting Attorney L. S. Jor-
dan vas seen, and when his attention
was drawn to the matter he said:
There is a very great necessity for
the establishment of such Court. The
idea is an excellent one. AT present
business IS delayed, and the proper at-
minStration of justice greatly retarded
or altogether prevented. The element
of increased cost does not figure in the
matter, for money would be saved.
hi had a great deal OF experience in
criminal proceedings in this county, and
| know the necessity and advantages OF
such tribunal thoroughly. l hope it
will take shape at the coming session OF
the Legislature"
Ex-senator Sommerville said
"You cannot put the idea too strongly.
A Criminal Court would be good
thing, viewed from almost any stand
point. The present situation is notori-
ously bad; the Judges have too much
work cut out Cor them, and besides that
the dual Court system is confessed
failure. Time and money are both lost
in carrying business back and forth, TO
say nothing Of other Objectionable
features. A more prompt trial Of GRIM
inal causes would be very desirable,
aside from the relief which would be af
forded the criminal docket You may
mt ma down o. hainr strongly in favnr