Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-11-26
OUR CRIMINAL WIS.
DEFECTS POINTED OUT WHICH BRING
COURTS INTO CONTEMPT.
Tecbp,cnIItics which Lead To Deiay-sug-
gestions Made to the Next General AS
sembIy--A Needed Amendment.
PowHATAN COURTHOUSE.
November -. 1888.

PowHATAN COURTHOUSE.
November "a, 1893.
To the Editor OF the Dispatch
That Iynchng in Virginia is on the In
crease there Is no doubt. Heretofore IL
did not occur, except In cases of outrage
OF white women by negroes. 1t Is now
no longer confined TO cases OF rape, ana
but recently we were Mortified by the
sanguinary conflict at Roanoke, where
criminal not charged with this crime was
taken from the hands OF the law ara
hung. and. as we have more recently seen
in the newspapers, in county once the
home of Patrick Henry. John Randolph
and Paul Darlington, one Abe Redmond
although he might have been universally
believed to be q thief. robber, barn.
burner. and a murderer. was taken out
of his house at night By disguised men
and hung without even the semblance OF
any legal proceeding. How shall this
downward progress to grade OF ciN'li-
cation so far below this age>of CHRISTIAN
it's. law, and improvement be arrested
IL one Oh the IlDSA ofiiDb9 aN~'N~~
before the Virginia people. II is the de-
feet of the law. which. by endless Delays
and absurd technicalities, defeats all the
ends OF justice.
The object of this article is to point out
one glar!ng defect and call IT to the atten-
ton OF our legisators-elect, altfIough
among such an unusually able body of men
many are able to point out and remove
this as well as many other deiects that
now exist. l presume to do TINS as IL
seems TO be one of the greatest causes
that has brought our courts into con-
tempt, and therefore hsh prompted men 10
take the execution Of the law into Their
own hands.
A FELONY TRIAL.
The usual practice in felony trial is
this: The prisoner. who has been arrested
by justice Of the peace upon evidence
before him, Is sent on To the grand jury
at the next County Court by either the
regular or special grand jury, upon near
ing the evidence. he is sent on to be tried
by the court. The Commonwealth's At
torney ana the prisoners counsel an
nounce themselves ready; writ OF venlre
faclas is ordered and issued; n list
OF twenty men furnished by the
Judge TO the Sheriff; 1t Is exc
cuted. the Jury IS impaneled and
found free OF exceptions by the court
and then, before the swearing OF the jury
upon the issue of guilty or not guilty
the counsel for the prisoner demurs 10
the Indictment. the writ. the return, ana
all that has taken place since the arrest
and moves to quash the indictment, the
writ. and all the preliminary proceedings.
uf oh III
errors are specified. The court over
rules the demurrers and motion, eXcep-
lions are taken by the prisoners counsel
and the trial proceeds The prisoner
represented by counsel, with all the Wit
nesses he may desire summoned ana IN
attendance, after a fair trial upon the
merits is found guilty by a jury OF MS
peers.
THE DEFECT.
Then for the first time his counsel dis
closes the technical defect in the indlct-
ment, the writ, and the summoning ana
impanelling OF the jury, which II they
had been disclosed when they were first
made might have been corrected. Then,
as the court is bound to do the verdict
Is set aside and new trial awarded.
The Amelia lynching case which occur
red a few months ago is Il fair example
OF this. A negro was indicted in the
County Court for assaulting a young
white girl He elected TO be tried in the
Circuit Court, which caused some delay.
In the Circuit Court, having demurred
and moving to quaSh, and stating no
grounds, the court having overruled MS
motions and demurrers, and he having
excepted, he was fairly tried by jury
composed in part Of persons OF his own
race and color and found guilty. ana
death fixed as his punishment. His coun-
sci obtained writ of error on the ground
that the record Of the County Court was
not properly certified to the Circuit
Court. and the Supreme Court granted
a new trial. After these incident delays
the Circuit Court again tried him before
n mixed Jury, and after every EFFORT
made In his behalf on the merits, he was
again found guilty. with the death penal
". His counsel then moved the court
to grant new trial upon the ground
that I'm signing the writ OF venire facias
the Clerk who was the clerk OF both the
circuit and county courts, signed himseit
as clerk OF the County instead OF the
Circuit Court II course, another new
trial was awarded. As this man had been
twice tried and found guilty, after many
and long delays incident to these proceed
ings, just as tardy justice was about to
be executed for this most horrible Of
fence. that this farce or tragedy has to
! be acted over again, 1t seemed too much
for human nature to have greater pa
| thence. and adopting the rash conclusion
| that IL the law cannot be relied on 10
protect the wives, sisters, and tho daugh-
| ters Of the people, they had the right OF
an avenger, some disguised and unknown
men by night entered the jail took out
and hung the prisoner. AS no conviction
lon hg
and other cases II Is evident that 1t Is
sanctioned by public opinion, which Will
and has already sunk lower and lower
AN AMENDMENT.
In order to avert this evil and to re-
store the courts to the confidence OF the
people. | suggest that section 1856 of the
! Code of 1887. which has been extended by
act approved January 49, 1883. to criminal
as well as civil cases, be amended and
re-enacted so as to read as follows tthe
change being in capital letters):
mo DEFECT IN AN INDICTMENT,
PRESENTMENT, OR INFORMATION,
or any irregularity I'm any writ OF Venire
facias, or the drawing, summoning, re-
turning, or impanelling of any jury
shall be sufficient To set aside verdict.
unless THE OBJECTION BE MADE
AND STATED AND CONSIDERED Bf
D. THE COURT before the swearing VI tuc
Jury, or unless the party making the OBJ
lection was injured by such defect or IT.
regularity"
Thus an opportunity will be afforded TO
the court to correct or amend the pro-
ceedings, so that the verdict or the jury
may stand unless new trial shall be
granted because the verdict was against
law and evidence, which will be sufti-
Gent protection to all persons on trial.
II this change had been made in the law
this Amelia prisoner would have Deen
executed by law instead OF being hung
by violence without and against law;
the horrors OF the Roanoke riot would
have been spared us. and the violent
death of Abe Redmond, as reported. could
not now disgrace the fair name or the
county Of Charlotte and Commonwealth
OF Virginia.
Vain II will be for the present able
Legislature of Virginia. far above the
ordinary average in talent and ability,
to select for the people the very pest
judges OF the Supreme Court OF Appeals
and circuit Judges among the learned ana