Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-07-22
CRIMINAL CHARGES.
YifSinia's Annual Account About $685.
900 Since the Miller Decision.
VIEWS OF DELEGATE MASON.
Reasons for Supporting the Constitutional
Amendment which IL TO Bc Voted
on This Fall.


Through the columns OF your paper 1
desire, II not encroaching too much upon
your courtesy, to present few sugges-
tions or arguments--lf this can be so dig
Iided-in behalf OF many who are inter
ested in the proposed change in the Con-
stitution of Virginia so that justices can
trs; mlsdemeanor cases. Referring TO
several artscles ably written against the
proposed change. which appeared some
time ago in the Free Lance. l beg leave 10
say IL was somewhat gratifying to some
OF the friends OF the paper to see that
II ascended to fair and legitimate argu-
m mt instead OF abuse OF party.
Without again quoting the clause Of the
Constitution and the proposed amend
ment, in order 10 refresh the minds of
your readers. II may be sufficient TO say
that the whole question. in a nutshell.
Is this: shall the people OF Virginia
vote to amend their Constitution so that
| the Legislature-the representatives OF the
people-shall have the right to enact those
laws which will give the justices of the
peace the right TO try cases OF misde-
| meanor. granting the accused the right
| of appeal?'
MARY MILLER.
| In ISL the Legislature conferred upon
| the Justices Court the right TO try cases
| of assault and battery, and In 1873 juris-
! diction was given this court To Try several
| other cases of misdemeanor--too numerous
| to mention. so 1t can b. said that for
| over twenty years this jurisdiction was
| exercised without jury. unchallenged
AMI undisputed-the constitutionality
| backed by the opinion OF some of the b.st
| lawyers and virtually recognized by the
Court of Appeals of Virginia I'm no less
| than four cases-viz.. Thomas's case, %
| Grtttan; Reads case. q Grattan Wolver-
! ton VS. Commonwealth. y Virginia, an1
| Harrison VS. Commonwealth, NJ Virginia.
| Now. during all these years there was
| no complaint from any One-there was no
| outcry made that the liberties OF the
| people were invaded. or that the justices
| were exercising 'one-man power or were
arbitrary. 1t was, on the contrary, a
| wel-known fact that the justices were,
| In many cases. too lenient. In all mat
| ters, whether OF argument or otherwise
| experience IL a good thing to which to
| appeal. and as one strong argument in
| support Of the proposed amendment it
|
of the people from 1871 down TO the de-
cislon In the Mary Miller case? The his
! tory OF criminal prosecutions In Virginia
answers the queston-no fault found that
| thu justices were arbitrary, cruel or
| that they were wild, and running away
| with the liberties of the people; the
| criminal expenses Of the State were not
| near the enormous figures they have now
reached. II may be said on this point II
| Mary Miller had never been born the
| jurisdiction OF the justices would still be-
| exercised. and everything would be now
going on as smoothly as ii did from 1871
| to the time she carried her case to the
Court of Appeals
A FINE THING FOR LAWYERS.
Now let us see for a moment the ad-
vantages which the humble citizen had
before the decision of the Court OF Ap.
pedls required all cases enumerated to bs
taken to the county court. where they
mUst be tried by a jury. Many cases here
tofore OF assault and battery have beer
known in which defendants mot WILLING
TO trust to some local and peculiar feelln.
of Il jury, and unwilling to run the risks
of a conviction under n regular 'anl
formal trial. when the greater costs woulf
fal' on them, have gone into court and
confessed. and thus avoided trouble. time
ami expense. Now. person, whether h,
Will or not. mu~t be sent on to the CRANE
jury; must be tried 10y a petit jury. an1
when the jury is empanelled and tn,
last cent OF cost IL incurred, except en-.
teTing the final order and certifying tn,
fne-if there be one-he can confess L
them II he will. This is the protection
of the liberties OF the poor man." ga
lOre
Again. Heretofore cases have come un
der the notice of the writer where mel
have been technically guilty Of assaul
In defending their good names, or tha
Of some member of their families. or II
heping out friend. In such cases L
stop an expensive prosecution. they hav
confessed Judgment, but they cannot d.
il now. They must be sent on: they mus
be indicted: they must be tried and con
vicled by jury. a fine thing this TO
the lawyers, and no one can blame then
when they must charge the poor de
fendant for following his case through
all the red-tape of court procedure.
occurs To US that the only benefit To an
poor man this can be Is to the poo
lawyer, and he had rather not make hi
living this way.
THE EXPENSE.
Again: Let us return to the question o
expense. The figures are against IN
Free Lance IL will be borne in min
| that the Miller case was decided the l5t
day OF January, 1882. The fiscal yea
| for the statement of accounts and rem
dering OF reports by the officers Of IN
State ends September 30th. The crimina
charges aggregated) in the counties an
cities Of Virginia for the last five year
are as follows:
1SsS-'s9. before Miller case........ $21S,799
1880, before Miller case 26l, ,A4
, 1880 81, before Miller case........ 2JJ,76S
1912, fiscal year ending seven
and one-half months after said
case ...............-........... N5.7j7
2-'93, after Miller case........ 81, ,J02
II will be- seen that the criminal charge
were decreasing before the decision OF N
Miller case, and although this dectsio
was rendered only seven and a hal
months before the end OF the fiscal yea
lS92 the increase over the preceding hsca
| year was above $1,000, or nearly $500
and the fiscal year ending September y
1885 shows an increase Of criminal -
) penses over the year ending Septembe
30, 1891, Of SCI ,7si.lS.
. STATISTICS LACKING.
> Justices had the Jurisdiction In questIo
> In 1891 they did not have 1t in 1885.
; Occasionally a county costs the stat
more In criminal expenses than IL pay
into the Treasury; for instance. Dickinso
county paid into the Treasury OF Vii
glna in 1893 50. l2j0l, and It's criminal ~