Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-12-14
The xnrdsrsr,a Chances.

The Legislature OF Connecucue soi"e-
time ago passed an act giving the State
the right to appeal In murder cases. The
constitutionaiity OF the law has just been
AFFIRMED by the Connecticut Supreme
Court. and the State was given new
trial on the errors OF the trial Judge.
This is a daring innovation, but II the
people are asked to abandon lyneh-law the
machinery of the real law will have to
he altered 30 that II will not 30 greatly
interfere with the execution OF justice.
Tn this State murderer like Good
man can appeal from the County Court
~ the Circuit Court, and from the Cir
cult Court to the Supreme Court OF APP
meals. And he has everything TO gain
and nothing TO lose by hopping from
oourt 10 court. II Goodman were granted
a new trial the new jury would not be
allowed TO find him guilty OF murder In
the first degree.
Then look at the verdict In the NC
Namee case-a verdict VIGOROUSLY and
1agrantly inadequate. but winch there
Is no power to correct
In sheer desperation. we doubt not the
Connecticut people adopted the amend
ment in question. 1t Is very radical and
we are not prepared TO recommend II ior
adontion in virginia. but we must say
that our people are dreadfully dissatisfied
with our present plan Of dealing with
murderers.
There Is too much postponing OF muir
der trials: there is too much vagueness
in the instructions OF the judges to the
iuries: the Jury is sent TO its room 100
much befogged. and there Is too much
setting aside Of righteous verdicts on
technical grounds-in short. the murderer
has too much consideration shown nm.
Is II not possible for US 10 better all
thisp We think when We come TO hoid
OUR constitutional convention this impor-
tant subject should be pressed to the
front and treated IN the light of recent
experience. Those who really wish to see
Ivnch-law completely disestablIshed
should work together. to give US laws
which will enable our courts to try muir
derers promptly and punish them prop
erly.
Az 70 the Connecticut constitutional
provision the Memphis Commercial says:
1--WE are not informed whether this
right of appeal is confined TO questions OF
law and errors OF the trlal Judge or
whether all the merits OF the case, the
facts as well as the law. may be review
ed by the appellate court. In any case,
IL is q daring innovation on what mas
been regarded, especially by criminal
LAWYERS. as a bulwark OF liberty almost
as sacred as the right of trial by jury.
Because IL is an innovation. however, IL
Is not necessarily TO be condemned. In
the days when tyrants prosecuted their
subjects by frequent arrests and UNJUST
punishment the principle that a man
should only once be put in jeopardy Tor
the same offence was a salutary safe
guard against the invasion OF personal
liberty. In these days when the crying
evil is not the persecution OF the inno-
cent. but the immunity of crime from just
punishment IL may well be asked whether
i'm multiplying the safeguards thrown
around the accused we are not fostering
greater danger to personal rights ana
the security Of the citizen. We have got
so in the habit of looking for danger In
one direction that we may have neglect
ed n greater peril that approaches from
another"
The Atlanta Constitution says:
Lawyers in England and in this coun-
try viii doubtless oppose this innovation,
but while they may be right we believe
that the Connecticut plan would remove
some of the temptations which now lead
to lynch-Iaw. II people knew that the
first acquttal OF man charged with n
capital offence did not settle the matter,
and that the State would have another
chance at him, they would not be In such
hurry to take the law into their own
hands. Then, 1t Is plain that the acqult-
tai Of a man by two juries would go
very far toward convincing people Of
his innocence.
STILL we doubt whether this expert
ment will be tried outside OF Connecti-
cut. Indeed. it il not necessary. With
good judges and juries. there is no reason
why the State should have the right TO
appeal in criminal cases"