Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-12-03


torney, nor Is II due TO the maehlna-
lions Of the dctcniants counsel. though
hs is apt to emphasize the rights Of
HIS clientNns admitted by the state all
through the progress OF the case. 1t
Is the result chiefly OF the loop-holes
OF escape aSea not by tho law but by
tho Court. OF Appeals at every point
along the course OF the trial. The
court and the state'sNtorney are COM
PEELED to walk on piis from start to
finish lest upon some trivial pretext
relating to a inatterVgholly immatcriai
all their labor should be undone by the
upper coprt. Under rules prescribed
not by law but by the Court OF Appeals
the presumption OF Innocence which 10
Just. becomes In itseit proof OF uno-
conec, outwoighing strong testlmS'y,
which 10 unjust; the reasonable
distorted Into plea for
thousand whlms OF fancy ut
terry unreasonable and foolish, and
inadmlssible under the laws OF logic
and Of common Hcnsc. II the court
clearly pereelves that the Jury is In er-
ror in tho inexperienced attempt to
apply tho law TO tho facts, II dare not
so much as whisper a word OF general
counsel It's functions are far different
from those popularity ascribed 10 II.
and Instead OF being an instrument to
the attainment OF Justice, It IL fro
duently a reluctant agent OF in
justice, to which It contributes through
the mechanical functions assigned to
it-not by the law, but by the Court OF
Appeals, Whatever may be the cir
cumstancoB OF the case as they appear
upon the strongest proof and even by
admission. the law ls represented as
crying In loud tone to the Jury. look
out, look out; beware Of the conviction
OF this mani" The pertunctory duties
Of the court. and the utteranccs In be-
half OF tho criminal II 10 compelled to
make. though his Bullt Were
attested by thousand people
and no witness appeared In
his behalf are frequently minlnterpreted
by ignorant Jurors who do not under
stand their origin. to be special dcola-
rations of belief by the court in the
Innocence Of the accused.
The effect OF these vnrloua influences
upon the average Juror can only be
measured By an accounting Of the trl-
umphs OF Crime In the courtroom, No
wonder that his judgment as a citizen
does not concur with his Judgment as
Juror. The latter Ia subverted by an
atmosphere that FIRST mystiiies and
then oyoruwes him.
II the attitude Of the law toward tho
criminal were changed, great reform
would be effected. It Is pledged to
AFFORD him an impartial trial. but It
gives him n trial partial to himself In
every feature. The trial ought TO be
an inquiry into the guilt or innocence
OF the accused. starting with pre-
sumption OF his innocence, which ls
however. but presumption, and not
TO be considered In amy sense as evil
denco. The Judge should sit as an I'M
partial presiding officer, with enough
discretion. NJ least, 10 III the mechan-
ism OF the law to the particular case,
and to give general direction to the
inquiry. He should have the authority
10 charge upon the law and the evil
dencc and to point out TO a jury usu-
ally without any Ideas whatever ON the
subject except as II gets the prejudiced
views OF the attorneys tho legal mode
OF reaching verdict In accordance
with the law and the facts az pre-
scented.
After n verdict has been rendered
under Ruch circumstances, It should he
the business OF tho Court OF Appeals to
prevent the enforcement OF a Judgment
which because Of local or other
causes affecting the case IA improper
and unjust. 1ta functions as law
| factory should cease altogether.