The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1893-02-25
ELKTON. FEBRUARY %, 1898.
JUDICIAL REFORM IN MARY
LAND.

oAANE ShhA
LAND.
The recent motion filed By a prom
lnent lawyer of the bar OF Talbot
County in this State, to strike out the
judgment sentencing VIM. P Tyler to
the pennentary for the crime of man
slaughter, on technical objection to
the method by which Judge Stump
drew the jurors for that county, and
:. which motion having been over ruled
T1ndge- sSstA'agan an appeal has been
taken to the Court OF Appeals, in our
opinion emphasizes the fact, that the
administration of Justice in this state as
well as IN this country generally, Is fire.
quently seriously obstructed and too
often defeated, by purely technical
proceedings and an unreasonable
regard for precedenls.
THIS is particularly true as to Grim
inaI cases, 10 which society has a vital
interest, and the lynchings that happen
from time to time are mainly attribu-
table TO the feeling that there is no
certainty of punishment even for the
worst of offenders by ordinary legal
processes. To what extent the courts
are responsible for this condition of
things and how much of the blame
fsiongs .nere it is impossible to
determioe, but there can be no doubt
about the necessity OF reform in the
matter. This necessity is being rea-
lized at this time not only in Maryland
but in other States.
In Illinois the Legislature is being
areed by many of the prominent
! citizens of that State to devise some
plan for the correction of the evil and
the assurance OF speedy and satisfac-
tory>trlals. Ex-senator Trumbul, who
Is known as lawyer OF the highest
. rank, advocates the abolition of all
distinction between forms Of action
and ali technical pleas that do not
touch the merits Of the case. He also
recommends the passage of law pro-
hibiting the reversal of a judgment for
any error in the proceedings of the
trial court, when the court of review is
satisfied that there has been a fair trial
in accordance with the Constitution
and that substantial justice has been
done.
The adoption OF such a remedy
would Hnquestionaby b-ing about
great improvement in the way Of
diminishing the number of appeals that
are intended TO benefit criminals and
of simplifying the general methods Of
indicating the laws. at is tlme,"
Mr.. Tfumtull declares, that our courts
should become dispensers of justice
and not followers of precedents to the
defeat of justice. There is no reason
why all the advantages should be given
to the man accused Of crime. If he is
innocent, he does not need such dis
elimination IN his favor, and if he is
guilty, he has no claim to it. Under
the present system ofmuluplied technl-
calities and chances of securing new
trials or of overturning the yerdicts of
iuries, society has no definite and
reliable protection against evil-doers.
Every community has had experience
of a costly and discouraging kind in
this relation. Hardly day passes
but some criminal about whose guilt
there is no reasonable doubt escapes
the penalty that he deserves because a
cunning attorney finds some unitnport-
ant flaw in the record.
The motion in the Tyler case above
referred TO which Judge Stump very
promptly as well as properly over ruled
is case in point. 1t is admitted in
this case that the jurors summoned to
the November term, 1892, Of the Cir
cult Court for Talbot county, both
grand and petit, were selected by Judge
Stump selecting the Io2 names that
remained in sile box after the drawing
OF the jury for the May term 1892,
with the addition OF 48 names taken in
part from the list of As Jurors who
served at the November term of 1891
OF said court and in part from names
suggested to the said judge at his
request by the clerk of said court that
said list Of $50 names was written out
by the clerk by direction of Judge
Stump, was then examined by him,
and he being satisfied that the names
were those OF proper persons he ap-
proved and adopted the same as his
selection; that all the names so as
aforesaid selected were the names of
persons who we're on the list of taxable
inhabitants of Talbot county or on the
;. -y,ibooks returned to the clerks Office
ssa.sst general election in said
,-.aither the list of tax
.aigned oa--~-pon.books
slea 10 q fair and thorodpg
gull opportunity to present
and confront the win
lIm; but when the ev,d
en- carefully Considered
8 conviction rendered
should be the End %