Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-12-19
GOV. cULDEnsoN ron REFORM.

Governor Culberson does not agree
with these who contend that there are
no defects In the present system of
criminal law and procedure. In his
message to the Twenty-fourth legls-
iature. he eaid ON this subject:
Frequent mscarriages OF justice In
felony cases In the trial courts and
revetsals by the Court OF Criminal
Appeals upon purely technical grounds
call for prompt reformation of our
criminal laws in certain particulars.
That the guilty often escape through de-
fects In criminal procedure needs
neither proof nor elaborate comment
II IL notorious and has Justly provoked
public condemnation. Prominent among
the causes which have led 10 these re-
suits are the corrupt placing OF one
or two men on the jury who prevent
verdicts, and the inequality Of peremp-
tory challenges which conduces TO this
practice by defendants challenging
down the panel after the state has cx-
haustod until the siuker is renched
and which enables them to eliminate
from the panel the most Intelligent and
lnWablding Jurors. Notwithstanding
our severe laws ON the subjects Of
bribery aud perjury, as long as the
Verdlcts OF 1urics are required Ia be
unanimous this evil viii perhaps pre-
BY equallzing peremptOry challenges,
IN mlsdemeanor cases the challenges
or the state and defendant nre equal;
In feloniea less than capital the state
IS entitled to i've and defendants to
ten. and In capital eases the state hae
ten ana the defendants twenty This
disparity " based upon the suppoaltlon
that individuals charged with crime
are at disadvantage In a contest
with the state nnd should be granted
extraordinary privileges. But no such
disadvantage exists, especially in view
or recent legislation. Defendants are
surrounded with safeguards which the
state must overcome. In every case
of criminal character they are armed
with the presumption Of innocence;
their shield is the reasonable doubt
against which the sword OF Justice
has beaten In vain for centuries And
by recent enactment they may testi-
ny IN their own behalf which In capital
cases particularly gives them such
marked advantage as to destroy the
philosophy OF the present inequality in
challenges This II particularly true
In all cases which are hotly contested
when. as IN often the case, the state is
ovcrmatched In counsel Since the
adoption OF the present constitution the
Court OF Appeals and lts successor have
heard and determined 1867 cases OF
felony, and OF this number 27sO have
been affirmed and 1881 reversed The
proportion OF reVersals to atllrmnnces
IL 81 per cent. II Is not practicable at
this time to ascertain what percentage
or rcyerAala were upon technical
grounds, but a oursory examination
Indicates that 1t is large. Reversals up
on those grounds, creating dlstrust OF
the courts and heavy expense to the
state, are due principally to the fact
that the appellate court under existing
law liz not permitted to indulge proper
presumptlons aa to proceedings In the
trial court. but must reverse II the
record DO silent. and In expressly re-
quired to reverse AZ any of tho
requisites Of the code have been dis.
regarded. however technical and for
NAL.
To remedy the first Of these defects
the code of procedure should be amend-
cd so as to authorize the court 10 pre-
sumo. Notwithstanding the silence OF
the record, that all questions OF Venue
were proven on the trial, that the
accused pleaded to the Indictment. and
that the Jury Were sworn, unless such
questions We're In issue In the trial
court and were there acted upon before
appeal. These and similar questions
shodld not be permitted To be urged in
appellate court for the first time. Tho
second OF these causes should be re.
moved by amending article GS5 of the
Code of Criminal Procedure so as not
to require reversal unless failure
TO observe the requirements mentioned
IN That article probably injured the de-
PENDANT and deprived him OF fnir and
impartial trial The present law rc-
gulres the Judges OF the Court OF Criml-
nal Appeals TO prepare opinions IN all
Felony cases. Many cases are appealed
IN which there are neither statements
OF facts nor bills OF exceptions. ana
where the principles OF law involved
are thoroughly established. II will
relieve the judges OF much Improbable
labor and greatly expedite business IL
by an amendment the preparation OF
opinions be committed to the discre-
ton OF the court"