Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-12-30
Trial Of Murder Cases in the Country.

WARM SPRINGS, VA, Dec. q, 1894.
To the Editor of the Dispatch:
In commenting on the new trial awarded
Goodman by Judge William Mclaughlin
several days ago. you made a point OF
his being tried In the County Court and
then appealing to the Circuit Court.
stating that he had the right to elect TO
be tried in either. In this you are In
error. The acts OF 1924. p. 270. amend
section k016 OF the Code OF 1887 so as to de-
prive accused OF the right of election in
capital felonies lie must be tried in the
County Court.
In view of this, II seems not hardship
that he has a right Of appeal first to
the circuit judge and. failing there. TO
the Supreme Court. 1t is true the Com
monwealth has no right Of appeal, but
the accused on his appeal Is practically
confined TO errors at law-(the verdict or
the jury being set aside only where there
Is no evidence to sustain iO-made by the
Commemorative judges.
AS arbitrary appeals are allowed where
one thinks himself aggrieved In con-
troversy concerning the probate OF will
or the appointment Or qualification OF
personal representative. guardian, curator.
or committee, or concerning mill. road
way, ferry, or landing. surely 1t Is not
too much mercy shown one convicted or
a capital crime. or OF any crime, to allow
him an appeal to the Circuit or the Su-
preme Court, where the judges or one OF
the judges deem that there Is error.
]. r. M'ALIISTER.
We accept the correction OF our valued
correspondent though 1t ic not very ma
terial. What we are trying to find out is
If there is not some way to make the ad-
L..
Slnla more certain and expeditions.
We used the Goodman case as an illus
tration. We don't wish to Interfere BY
legislation or otherwise. with any rights
which Goodman possesses under the pres
ent law; we sincerely trust, indeed, that
his case will be disposed Of for good and
all before the General Assembly meets
again. which viii te in December, 1895.
The fact We ask public attention TO
is that a murderer tried in a county
the circuit Judge says SO the murderer
can have a new trial in the county court.
And the circuit judge can prescribe. IN
effect, what evidence shall be admissible
upon the new trial. II the circuit court
refuses the prisoner a new trial, the
prisoner can appeal to the Supreme Court
OF Appeals.
The State has no right OF appeal at all.
1t is all one-sided. 1t may have been that
IL the State could have appealed from
the decision of Judge Mclaughlin, Judge
Mclaughlin would have been overruled
is, SO far from the State having the right
of appeal. Goodman is to have new
trial, and on his second trial much Of the
evidence admitted on the first trial must
be excluded. II he should be again con-
victed OF murder in the second degree and
should be dissatisfied with the findings Of
the jury, he can start out again to
appeal. going first TO Judge Mclaughlin
and then Qf denied third triaD 10 the
Supreme Court OF Appeals OF Virginia
Furthermore. notwithstanding the fact
that the first trial Of Goodman was set
aside and annullsd. Goodman stands ac-
Quilted Of murder in the first degree, as
the finding of no subsequent jury can
be for crime greater than murder in
the second degree.
In Richmond, for instance, murderer
convicted In the Hastings Court cannot
appeal 10 the Circuit Court. he must APP
peal to the Supreme Court OF Appeals.
In the country We should think that the
ends of justice would be served by al
lowing a prisoner indicted for capital
offence to elect to be tried either in the
county court or the circuit court, but
with the right to appeal only TO the Su-
preme Court OF Appeals.
Our present law interposes too many
obstacles TO the conviction OF a prisoner
who has the means to fight his case from
court TO court.
We repeat, We have referred to the
Goodman case only as a means OF Illus
tratlon. We are net in favor OF taking
from Goodman any of the rights or prl-
vileges that he now possesses. We don't
know that II could be done; but IL II
could. We should not be In favor Of doing
IT. But We DO want TO see some re-
form In our criminal procedure; reform
that shall make the administration OF
criminal justice more efflcacious. And Of
course we do not intend that any words
OF ours shall be construed as rejecting
In the remotest degree upon Judge Nc
Laughlin. whom we regard as one Of the
highest and best judges this State has.