Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-29
r. H. LOGAN, ESQ.
The Right Of Election-Owners OF Grist-
Mills rs Grand Jurors.

Mills rs Grand Jurors.
SALEM. VA, october IS. 1893.
To the Editor OF the Dispatch:
The delays OF the law both in civil and
criminal law have been the fruitful sub
ject of complaint, since the time whereof
1.-THE memory OF man runneth not to the
contrary" There has been but little COM
plaint in this county Roanoke) so far as
/ have heard. When a crime that shocks
the feelings Of the entire community
such as murder, rape. or arson, Is COM
mitted. the public naturally looks more to
the crime than to the evidence against
the person accused of the crime. whilst
the counsel for the defence must look
only to the evidence against his client
and use his best endeavors TO collect all
evidence in his behalf.
CONTINUANCES.
II may be in some places too much
time is given for preparation Tor the oe-
fence and courts may be too lenient In
granting continuances ana not strict
enough in forcing the accused In being ac-
tive in preparing for his trial, but from
nv observation | would say that the
courts in which 1 practice are In this re-
spect more exactng In criminal than civil
cases Under the law our county courts
have exclusive original jurisdiction for the
trial of all criminal offences except Wheh
capital punishment may be inflicted, when
the accused may, on arraignment' elect 10
be tried before the Circuit Court. These
courts meet monthly, so that a continu-
ance will be OF short duration; again the
Statute. Code OF 1887, section 4Ol6, says
that the accused shall be arraigned and
tried at the same term at which ne Is
indicted unless good cause be shown for
continuance.
THE RIGHT OF ELECTION.
l cannot see that legislation IS necess-
sary to hasten these trials, except the
statute giving the accused, In offences
where the death penalty may be inflicted,
a right to elect 10 be tried before the
Circuit Court should be repealed. Most
of the Circuit Courts have but two terms
year: should continuance be granted
II would delay the case for six months
each time 1t Is so continued.
Our county judges are fair lawyers
the Constitution requires them to be
learned In the law, and having to deal
mostly with criminal cases, they natu-
rally make criminal law their chief
study, and thus become specialists In that
branch OF the profession. j see no reason
why the accused could not have as fair
a trial before the County Courts as be-
fore the Circuit, especially as they have
the flEnt OF appear 10 tne IlTcuik CouIt
IL may be well so to amend the law as
TO require less formality in the return OF
officers summonlng a venire, so that II
II appears that Il was summoned by an
officer authorized by law TO summon. II
should be good. especially after verdict
and all objections To the summons and
return should be made before trial or not
at all
OWNERS Of GRI5T-MILLs.
see no reason why owners and occu-
piers CT a gTist-m!ll should be excluded
from being grand jurors. I have never
tuown one II BE- indicted :or violating
the law In reference 10 tolls. &C.. yet a
few years ago more than one hundred
indictments for violating tie revenue laws
selling whiskey without llcenscl Were dis
missed because one member OF the grand
jury, which after several days laSorious
investigation found the indictments, was
the owner Of q small share In a grist-mill
/ think these and a few other matters
may be proper subjects OF legislation,
taking care always TO give the accused
every necessary facility for as vigorous a
defence as he can make and insure him
fair and an impartial trial before a
fair and impartial jury.