Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-22
r. C. n. kEAN, ESQ.
The Fetch We Have Made of Our Juries-
In-Paid Judges, Etc.

To the Editor of the Dispatch:
Responding to your inquiry, / submit
the following suggestions:
There is no room for doubt TO the
fact that the administration of criminal
Justice i'm Virginia Is deplorably lax and
inefficient And while TO moderate u
might almost say slight extent this is
due to the technical preciseness required
by the appellate courts in proceedings at
the suit of the Commonwealth, the main
source OF the mischief. in my humble
opinion, is neither in the laws for the
punishment OF crime. nor in the rulings
of the appellate courts.
The causes which conspire to make our
criminal justice dilatory and uncertain
are numerous. Among them j note the
following as the most important:
/. The facility with which continuances
are obtained. 1t often happens that a
fragrant offender. after being indicted,
manages TO secure several continuances.
The effect OF this almost always is that
the Indignation which righteously nerves
the public sense to infiict punishment
cools down. and a certain facility of tenn
per. characteristic of our people. gives
rise to more or less active sympathy
for him, which leads the jury which
finally tries the case to acquit on proofs
which at an earlier date would have suf-
feed to cause a conviction.
OUR COURTS.
2. The courts which usually try feonies,
under our present system, are for the
most part presided over by men generally
worthy in character, and fairly equal to
the satisfactory discharge of ordinary
county business. but VIGOROUSLY unequal
to cope with tho array of legal talent
and skill representing the defence In inn
portant criminal cases. What else can be
expected when the disastrous parsimony
OF our people pays the county judges an
annual salary ranging from $500 In the
small counties to $500 in the larger ones.
and to circuit judges only N,6o0? In those
countries where criminal justice is swift,
sure and just Gas I'm England and New
Jersey, the judges are the most able and
learned men in the profession, and are
paid accordingly. The judge is the supe-
rior OF the bar, not its conscious inferior.
3. BY our law the Commonwealth has
no appeal. hence the tendency in courts
distrustful of their own attachments IL
to rule favorably to the accused. Such
mistakes are never exposed or corrected
only those made against the prisoner
ever Gomez before an appellate court.
JUDGES WHO SUM UP.
L. In Virginia the judges have never
been allowed to "sum up" Perhaps, with
q bench hardly paid as well as fourth-rate
clerks In a counting house. 1t is as well
that they should not. But If our people
could once be educated to understand
that niggardliness In judicial salaries can
command only low-grade OF competency
(the most costly service possible), and be
brought to pay salaries which could COM
mand the flrst-rate men for the bench,
the judges ought to be allowed to sum
up" SO az to guide the jurieS to the true
points on which the question guilty or
mot guilty" ought TO turn. We have
made a sort OF fetch of the independence
Greally the responsibility OF juries. 1t
Is a disagreeable thing to condemn a fell
bowman TO death or other heavy punish
ment. thing from which the unguided
ana irresponsible juror shrinks. II an
able and impartial Judge sums up" every
intelligent Juror and bystander will see the
point on which the verdict must depend
80 clearly that there would be little room
for paltering with duty.
LENIENCY OF JURORS.
s. But. In my opinion, the most Migrant
defect IN our administration OF criminal
justice lies In a vitiated sentiment per-
vadng the public and leading Jurors 10
acquit when they ought to convict. The
turies are chosen In as impartial O manner
as II is possible to devise, yet II is q fact
familiar 20 every close observer of the
doings Of our courts that, measurably.
the very same men who will black their
faces ana join In mob-murder OF an
accused person on the pretext that the
law will allow him to escape--will often
acquit him. as Jurors. In the face OF con-
vincing evidence. Strange. indeed. II Il,
but trus that many persons In mere will
fuiness and passion will commit this most
deadly offence against society on the very
culprft they will turn loose by their YER
dict when the fact OF his guilt has been
fairy proved. Great 'ciamor II raised
by ignorant or unrenecting persons about
the escape from justice Of q very few
Offenders by technical rulings Of the ap-
pellats courts. For every one who thus
goss unwhipped of justice there are Al
least . score. probably several score.
who escape. first, by the errors OF the
trial courts In the prisoners favor. ana
second. by this failure OF the turies TO 40
their duty. These consider tho most
epoten<1a causes which have riven rise
10 the ju1f bu< undiacr1minatinx feeling
In the pubiir mknd that our criminal Ius-
tice u : Shahuue. II / am correct n THE
the uls<t1ef = beyend the reach Of direct
ja61ranf>on. Iu6lreotiy. much might be
loWa n ~ wou31 Nv enough to ct the
tooooQu1nrpo1 men - ~ bencA ana rive
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flnA D11n1b oDentDn. Wou11 - educaee1