The morning call., 1893-10-29

case or a street row. 1t does not appear
to be recognized by law that lying is fine
art, assiduously cultivated by people in
terested in wOrsting their neighbOrs.
A word as to Sheriffs in Scotland. They
are peculiar in their functions. Each
county and most large cities have Sheriffs.
They have jurisdiction in criminal and
civil cases. and from their courts litigants
go to the Court of Session In Edinburgh,
or to the Circuit courts or the High Court
of Justiciary. But Sheriff is also law
yer at the service of the public as counsel
in cases side the jurisdiction where he
is Sheriff. Many of the Sheriffs are advo-
Gates in regular practice in the courts at
Edinburgh. This is analogous to the Re-
corders of England, who hold sessions
four and sometimes eight times year,
and practice as DarrlsterS within their cir
cui: or in London the remainder of the
year. In such cities as Glasgow and Edin-
bnrgb, however. the Sherlffs give the
whole of their time to magiSterial duties.
In the Scotch as in the English
system there are no courts of appeal
10 grant new trials in criminal cases.
There is a limited review of cases before
the Judges on points of law. and ifaa fault
is found the conviction is quashed. In ad-
dition. the Home Secretary, who is al
ways member of the Cabinet of the Gov
eminent of the day. has plenary power of
review. He may institute inquiry, con-
suit withsthe Judges. and pardon or cOm-
mute the sentence by exercise OF the royal
prerogative, a convenient fiction for his
own opinion and will. This autocratic re-
sponsibility is little swayed by popular
clamor or agitation. If the jury and
Judge commend to mercy there may be no
hanging, but cOmmutation to imprison-
ment instead.
The luxury OF new trials is denied alike
to the accused and the lawyers and there
is so much less lottery in the administra-
ton OF justice. In this manner the delays
OF the law in criminal procedure are brief.
When a verdict has been returned SEN
tence is generally pronounced on the spot.
This is invariably done in the case of mur-
derers Ii Monson, the Englishman whose
case is now attracting much attention,
should be convicted. he will leave the
dock, pass three weeks in q cell, have two
or three farewell interviews with relatives
and then be hanged by the neck until he is
dead. His wealth will avail him nothing
in procuring one poor privilege denied TO
the most impecunious of criminals.
1t is an open question whether it is OF
mistake to have n o investigation by Coro-
ners. Great accidents occur in mines and
on railways and many lives are lost, yet
the official inquiry may not have the thor
OughDess of a Coroner's inquest. The OBJ
jections to non-publicity In these instances
also apply to cases like that of Monson.
surrounded by mystery. Everything here
turns upon the sagacity of the search for
evidence-the measurements of the place
where the body was found, the position of
the gun and body, where the stray pellets
went, the kind of cartridge and the expan-
sion of the charge. and manv little things
which keen eyes and scientific insight may
enchain into circumstantial proof. Pub
licity would facilitate research in some de-
gree and retard it in others. The accused
himself is in the dark as TO details, but his
counsel and doctor and any other person
he delegates may institute inquiry on their
own account TOD HILL.