Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-01-03
A CRIMINAL COURT.
oNE OF THE THINGS NEEDED BY OHIO
COUNTY.
The Judges OverwOrked, and the Doekst Running
Over With Oasss-Ths Present Anticipated
System for Criminal Trials, and the
Remedies Proposed.


general public, with the judicial system
Of this county, and since the illness
OF. Judge Campbell this feeling has
decidedly increased. With two Judges
upon the bench, in the full vigor Of
health, it was all but impossible to keep
the calendars Of cases reasonably well
cleared up, and often, despite the most
untiring industry on the part OF both
bench and bar, cases would be crowded
of the dockets, and be sent over to an
other term, to the disgust alike Of coun-
sci and client. Since Judge Campbell
has been incapacitated, the situation
has become much worse, and the present
aspect Of affairs is far from being a sat
factory one.
But the public dis satisfaction with
the condition Of Court affairs has not
been particularly due TO the delays in
the hearing and determination OF civil
causes. The general public naturally
gives little heed 10 whether the ease OF
Smith v. Jones gets trial at the first
term at which il natures, or whether it
goes over for series of years. What.
concerns the public most, is the general
cluttered up condition OF the Courts,
and feeling, amounting almost to con-
victiOn, that the whole Of the present
judicial system, as it finds expression in
this county, is Anticipated, cum bersome,
costly and generally unsatisfactory,
while the machinery relating to the in
dlctment and trial of those charged with
infTactiOnS Of the law is, TO all intents
and purposes, almost an induce
ment 10 commit crime In this:
that the defendant taking or con-
templating an unlawful act knows
that he is pretty certain not to get the
speedy trial he is supposed 10 want and
to be guaranteed by the laws, and that
delay means that witnesses will die,
stray away, forget facts, etc., and that
the chances Of a nOile or of a verdict Of
not guilty, or disagreement of the
Jury are thereby materially increased.
As an illustration, a man committing an
indictable offense In November can not
be indicted before the first week In the
following April, and he gets trial some
time after that. In certain class Of
eases the cause hinges upon the evil
deuce Of one person, known as the pros
ecuting witness. It's no trick at all, as
a rule, for the friends of the accused 20
get that witness out Of the city before
the case comes to trial, especially if it is
a felony, and then the case falls. If the
main witness for the State Is a stranger,
he is pretty sure not to appear after the
lapse of several months, and the de-
PENDANT walks out Of Court. Various
other things interfere, and the
very fact Of delay works generally TO
the benefit Of the accused, and against
the interests Of society and Of the
State.
Various plans for bringing about
q better state OF affairs generally
have been proposed, one being the hold
ing OF more frequent terms OF the pres
emit Court; another IS the permanent
allotment of third Judge to the Courts
OF the counties Of Hancock, Brooke and
Marshall, and a third idea has been 10
have the Legislature authorize, at its
next session, a new Court, TO be known
IS the Criminal Court OF Ohio county,
which shall hold monthly terms, with
grand Jury which might be convened as
often as required, and the Court TO have
jurisdiction over petty city ofenseS as
we'll as those of an indictaole pa-
ture. The institution Of such a
Court would work the abolition Of the
city Police Court, relieve the present
Circuit COartS of all criminal business,
secure a much better administration OF
Justice, and allow the hearing Of civil
causes 10 90 on with despatch at pres
ent unknown to either clients or the
bar.
Yesterday a reporter for the REGISTER
brought the matter OF the establish
ment of such Criminal Court TO the
attention OF q number Of leading law
vers. and there was wonderful unani-
mlty OF sentiment in favor OF change.
Almost every attorney spoken TO com
plained In an earnest manner OF the
present system, pointing out It's delays
and disapDOintmentS, and there Is every
Indication that a sentiment will be
aroused which will grow into something
tangible before the Legislature again
meets.
When the matter was brought to the
attention of Col. Robert White, he
said:
II am very heartily in favor OF the
ides OF n Criminal Court. AT the last
session OF the Legislature almost com
pleted q draft Of bill TO give TINS
county such a Court, and l now regret
that did not go on with the idea- Inc
present situation is very unSatlSiac-
torv one. both as regards civil business
and the administration OF justice IN
criminal eases. A Criminal Court, hold
ing monthly terms, would be great
institution here. As il is az present,
witnesses stray of, aud facts are Tor
gotten. and the result is that Juries Iail
IN agree. verdicts Of not guilty are rem
dered. where they ought TO be guilty.
or cases 60 from term TO term ana are
,,ollfcd Another reform would be the
institution OF some better system OF
Leeninp the order books. As things
are IN Drssent, cases are recorded partly
in one order book and partly 10 another,
mill thew become almost hopelessly
tsngled nm. and in matters Of real es-
Toto GOING through the Courts, 1t viii
he almost impossible to look up titles
IN few wears to come. The whole
situation is bad"
Col. w. w. Arnett said;-
"a Criminal Court would undoubtedly
be Of the greatest advantage. 'husluesS
generally would be expedited ana
Great source Of annoyance and com
olaint in civil cases removed. As II IS
at present, cases involving large sums
or intricate law points, or where e1ere
ara large numbers of witnesses, are olten
allowed TO 90 over, from term to term,
from fear on the part OF counsel that
~ witnesses are sum noned IN advance
there will be no trial. and the result Is