Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-22
GENERAL GEORGE j. HUNOLeY.
Over.Tenderness for tho Supposed Rights
of Criminals.


AMELIA G. H., VA, October IS, 1893.
To the Editor of the Dispatch:
I have no doubt that our criminal laws
are defective. They countenance delay, and
afford far too much room for raising
bubbles and technical points by astute
lawyers, by which the course OF justice
is seriously impeded. Many of these de-
fects come down to us by inheritance
from the. common law of our English
ancestors, and many more arise from the
cumbrous framework of our own sta
tutes. There Is sad lack of common
sense In the system, and an overstrained
tenderness for the supposed rights of
criminals.
Personalities.
Undoubtedly the ends of justice are
often defeated by appellate courts upon
trivial technicalities. This last may be
remedied by carefully selecting the ma
terial of which judges are made. They
should be men of strong intellect too
powerful to be warped or dwarfed by
the narrow channel Of professional life,
OF wide and accurate learning, Of I'M
swerving firmness, self-reliance, and in
dependence of character: men on occa-
sion able to shake off technical trammels.
to discriminate the vital and important
from the trivial and immaterial. to steer
the craft OF Justice out of the reeds and
bull-rushes of technicality into the wide
sea OF principle. which. though broad,
nevertheless hath its bounds" Our
Judges should be paved enough to place
them above want or even anxiety for
the future, and should hold their positions
during life or good behavior. The tempta-
ton to seek favor Of the influential few
amongst lawyers and politicians and
popularity with the masses, is fatal to the
prompt and independent administration OF
justice. and should be removed as far
as possible from the Judge. No candid
man can deny That we have suffered
greatly by reason Of our departure from
the ancient order In these respects, or
doubt the superiority of the present Fede-
raj system over ours.
LYNCH LAW.
I yield to none In my admiration and
love for the law as a system and
science, but I must admit that there Is
great reason for the prevailing distrust
of its methods and the idea that IL
does not afford adequate protection to the
right OF person and property. AS conse-
quence, our laws are falling into con-
tempt. and the people are more and
more inclined to take the execution OF
justice In their own rude and unsancti-
IleQ ndQus. IL II WoEst tndu iule 10 de-
nounce the violators OF law In this form
as murderers and outlaws. Compare
lively few persons engage In 'lynching."
but let an attempt be made to enforce
against them the penalties OF violated
law, especially where rape gave the occa-
sion, and 1t will at once be seen that
they are shielded by the majestic shadow
of public sentiment from punishment. Not
that they are justified In the eyes Of the
orderly, quiet. and self-contained portion
of any community, but that all men feel
the absolute necessity for the prompt
suppression Of this species Of crime. and
all men see that the ordinary machinery
provided for that purpose il sadly de-
fective.
DEMURRERS.
Time and space do not allow me to 70
into particulars. but an examination OF
tho reported cases will bear me out In
tho assertion that by far the larger num-
her Of nsw trials granted are for mere
technical errors, which. 70 the ordinary
mind. II least appear trtvim.
Tho law allows motiDns to quash to
BE- made ard 6ezm1rrers entayed without
the assignment Of any reason whatever
That Il. when . lawyer amp1y says. II
move 70 Quanh oD-1 lGGun9" - 4nkee