Mississippi leader. (Jackson, Miss.) 1892-1895, 1894-01-09
THE GOVERNORS MESSAGE.
Important Changes Recommended In
Criminal Laws-Statc Finances and 9th
err Topics.

important manages ACKNOWLEDGEMENT h
Criminal Laws-statc Finances and 9th
err Topics.
The Governors message sent to the
Legislature last Tuesday is too long to
give in full in THE LEADER. Only those
portions referring to changes in our
criminal laws and State finances, the
most important subjects treated, are
given in full; with the part referring
to the Blind Asylum management,
against which grave charges have been
preferred. and which, it will be seen,
the Governor fully exonerates:
SUMMARY INVESTIGATION OF HoMICIDEs.
Invite your attention to the neces-
sity of some provision for immediate
and summary investigation of homi-
cides. Human life is 10y far too cheap.
Menslayers often go unwhipped of jus
tice. One reason is that in few months
after its commission the enormity OF
the crime is forgotten and swallowed
in sympathy for the imprisoned muir
derer. Witnesses are scattered, often
gotten out of the way, and public opln-
ion is nodded by the well-directed and
persistent efforts of the friends and
followers of the accused. Men are dis
qualified as jurors and the difficulties
of due administration of justice is
greatly increased by delay. There Is
no reason why all the circumstances OF
homicide or other great crime should
not be Immediately Investigated and
judicially determined. Court should
meet in as few days as possible after
the commission of the crime charged,
empanel a grand jury, and inquire into
the charge. If an indictment is found
let a speedy and impartial trial be had
forthwith, or within as few days as the
ends of justice may require. The in
nocent cannot be too soon delivered or
the guilty too quickly condemned to
suffer the just punishment of his of
Tense.
Nothing calls so loudly for correc-
ton as the present miscarriage of JUS
tice in trials for homicide. 1t Is the
source of many evils. 1t breeds mob
and lynch law. 1t encourages crime
by begetting hope of escape from pun
ishment. A man of means and many
friends. able to call to his aid all the
advantages to defeat justice, has his
chance to success greatly increased by
time to bring his many resources to
bear upon the community; and tins
has led to the reproach that man OF
means may slay his fellowman with
impunity. 1t is, alas! too true, as often
eXemplltied.
One of the most effective checks to
this abuse would be to provide for an
immediate opening of court to be held
for the case as a cOroner's inquest IS
held the sole business of which should
be that case, and to draw a grand jury
and if indictment is found, special
venire to try then or in such short
time as justice may require. 1t could
be adjourned from day according to
the eXiGency, and the case tried. The
circuit Judge of the district or of some
other district might be required to
hold the court, unless the regular term
was very soon to be held there. The
details can easily be arranged for an
immediate investigation with every
safeguard for the protection of the
rights of the accused, and a trial had
according to the constitution and laws.
A great evil attending criminal trials
and successful effort Of large class of
persons who would be good jurors, to
avoid jury service, especially in capital
cases. One great reason for this is the
fact that capital trial exhibits twelve
prisoners in the jury box trying one at
the bar. who often is less closely i'm
prisoncd than the jurors. We're the
law changed and the jurors trusted
and allowed the same liberty the judge
has, to 90 to meals and to rest at night
better results would follow. A trial in
a capital case then, would not. as now,
be terror to a decent man. Men would
not then shrink with dread from being
accepted as jurors, and would not in
tentionally disqualify themselves to
escape the odiOus service made OdiouS
by the feature here mentioned. No
fear need be entertained that bad re-
suits will follow such reforms. The
charge of the court. to avoid approach
on the case would have the desired eff
feet with all fit jurors. The virtue
which requires a constant guard is of
little worth. A jury represents the
people of the county, is taken from
different vacations and from different
parts of the county, and under any
system will reflect in the jury box pre-
vailing public sentiment and this can
not be avoided. The best representa-
tives Of the community should be Sc
cured for jury service. Why should
not the popular branch of the court be
treated with decent consideration?
Your honorable body, at your last
session, changed the law regulating ap-
peals in criminal cases as to superse-
IDEAS of the judgment, SO as to relieve
the party convicted from securing the
cost of maintenance in Jail pending
the appeal. The result is, every con-
vict is invited and encouraged to APP
peal for delay and enjoy comfortable
support in Jail, at the expense of the
public he has outraged. Surely, after
conviction in Circuit Court the pre-
sumption should be INDUCED that the
convict is guilty, and he should com
mence to endure the sentence, not
withstanding his appeal, unless he
gives security for his support in Jail
pending appeal. Remaining in Jail is
costly to the taxpayers. 1t increases
chance of escape by the convict. 1t
maintains him in unproductive idle
ness, and it is not for his good any
more than for that of the public. The
cost to the people of the State of main
tanning prisoners in Jail is heavy
item of expense, and this change Of the
law, while it has greatly increased the
burdens of the people, has been pro-
e. l..