Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-22
w. o. tiARoAWAY, ESQ.
Observations OF an Attorney for the Com
monwsatth-rseiess ntipnances, Etc.

To the Editor OF the Dispatch:
IT Is unquestionably true that the crim-
nal laws OF Virginia are not enforced as
promptly as they should be. This delay
is attributable TO MANY causes that are
not easily corrected either by legislative
enactment or otherwise. Anyone faml-
lar with our criminal code will readily
admit that the penalties for all sorts OF
crime are severe enough In this state.
and could they be speedily enforced the
When crime IL committed the party ac-
cused should be tried at the earliest pos
sible moment. A prompt trial, however,
Is not always possible, and sometimes II
Is not Just TO the accused that n trial
should be had at once.
DELAY AND PUBLIC EXCITEMENT.
There are times when public excitement
may be such that the accused could not
have a fair and impartial trial without
some delay, and no just and fearless
Judge under such circumstances would
hesitate to continue his case. But there
is a disposition to delay criminal cases
when there Is no necessity. The Constitu-
ton guarantees to every one accused Of
an offence speedy trial. but this is the
last thing a criminal wants. He as well
M his astute lawyer knows that his safe
~ lies in the laws delay and every effort
IL made to secure a continuance II II Is
possible to do so. This delay. unfortu-
nately for the proper execution Of our
criminal laws. Is too often obtained. The
accused generally brings himself wtn'n
the rules. and our judges. ! suppose. think
there Is nothing for them to do but 70
grant the continuance. And this proceed
Ing Is often repeated from term TO term
until some Of the witnesses are dead. or
scattered to the four winds of Heaven,
when the accused, seeing there IL fair salt
ing. announces himself ready for trial
The result Is often an acnulttal or
slight penalty for grave offence. 49,.
often defeated.
CONTINUANCES OF CASES.
Our judges ouvht to be 10th TO grant
contintances except for very good causes.
and even then only for such a period as
will enable the accused to make proper
defence. But II the power to grant con-
tinuances, except for good cause. was
taken away and RICHLY enforced J fear
the occupation Of many Judicial othclloS
would be gone. In my opinion c9miiIlu-
ances of cases. both civil and criminal,
bring about more miscarriages OF justice
than all other causes combined. ms can
be remedied by the judges only. When
the accused asks for continuance Pc
cause Of the absence of witness the
Judge, where il is possible. ought TO send
for the witness and proceed with the
case. II II is not possible 10 get the VII
ness at once, the case ought To be SET TOT
an early day not continued until the next
term OF the court unless absolutely ne
cessary, and the officers OF the court
should be compelled to have the witness
present, III possible. JUICES tpo Oit'li,
also. continue important cases merely 10
suit the convenience OF attorneys ms
should never be done. When an oHencs
has been committed against the Common
wealth the state has a right to demand
that the criminal should be tried az once.
This does not work a hardship upon the
accused II he Is guilty, and It certainly
ought TO be done II we desire to properly
enforce our criminal laws. If innocent,
an accused persOns has nothing TO Tear
from a speedy trial under our laws. \
legislative enactment requiring Judges 70
try criminal cases at the term when the
Indictment Is found, where 1t Is possible
TO be done. would be beneficial, and In
measure correct the evil of continuances
and I'm addition save the state much uH-
necessary expense.
BAH, TOO OFTEN GRANTED.
I think. also. bail is too often granted
TO criminals. This ought never to be done
I'm important felony cases where the evil
dence Is plain that the accused Is guilty.
II the accused can get bail and then from
term to term secure several continuances;
which too often happens, he IL subjected
to but little. personal Inconvenience, ana
when his trial does come he OFTEN receives
an honorable acquittal from the jury. how
ever guilty he may be. II he Is sent 10
jail after preliminary examination, as he
ought TO be when the evidence shows that
he Is guilty. to await his triai. the appi-
cation for continuances upon the par or
prisoners would not be as frequent. rms
matter OF improvidently granting bail Is
entirely in the hands OF the courts and
can be corrected by them at any time.
criminal can secure bail, whatever
may be the magnitude OF nys crime, II he
ia represented by good attorney ana IS
a aee to EXs the ends Of sSa are Of
ten defeated by the granting OF new trials
upon trivial technicalitles, both by the
trial and appellate courts.
VERDICTS SET ASIDE.
The rights and liberties of citizens nc
cused of crime are well protected by the
criminal laws OF this State. Under our
humane and well-considered laws 1t IL
almost impossible for a mistake or an
injustice TO be done in our courts to one
merable safeguards that are thrown
around criminals 1t Is certainly no easy
matter to convict one, IL he has law
After his rights have been protected by
an able lawyer of his own selection be-
fore a fair and impartial jury. II he Is
convicted the verdict should stand. But
exercise their judicial prerogative and set
verdictS aside for every conceivable rea-
son. Too often new trial is granted on
the merest technicalty. when there can
cused. Practically. new. trial means
that the next jury Will bring in a YER
dict of not guilty. Why have so much
nonsense about IL? Why not let the jury
or else put the entire matter in the hands
of the judge for such disposition as is
proper?
think the verdlcts OF juries are gene
rally correct. Certainly there Is no other
known system that would do so we'll.
Their verdicts are as often correct as the
decisions of the judges. After all judge
Is nothing more nor less than jury of
one, and when questions OF fact are to be
decided, l think jury of twelve honest
and intelligent men are more apt to reach
correct conclusion than any Judge. how
ever learned and honest he may be.
When our criminals are tried promptly;
when our Judges disregard absurd ana use
less technicalites; when the verdicts of
juries are permitted to stand. then, and
not till then, will the criminal laws OF
Virginia be properly enforced.
Yours truly, w. o. HARDAWAY.