The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-12
APPEALS IN CAPITAL GASES.

A short time ago a distinguished Eastern
iurist created something of sensation by
advocating the abolition of the right of ap-
peal in criminal cases on the ground that
appellate courts so often reverse The de-
cisions of lower courts in such cases as to
gravely interfere with the execution of
Justice. The argument was made that
iuries are better fitted to pass upon such
matters than the Judges of courts of ap-
peal, and that the effect of appeals has
been to permit the escape OF criminals on
technicalities of law to such an extent that
it has become difficult in this country to
punish even the worst offenders.
This statement followed so closely upon
several lynchlng outrages in which the
lynchers justified themselves on the ground
that the courts could not be relied on to do
Justice that the argument found favor in
many quarters and not a few newspapers
warmly supported the proposed change in
the law. Investigation, however, is likely
to show that the statement is not sup
ported by the facts. Certainly it finds no
support in the records of the Supreme
Court of California, whatever may be found
elsewhere.
We published yesterday the record of all
the capital cases that have been heard on
appeal by our Supreme Court since Janu-
airy 1, 1890. In the six years very nearby
that have elapsed since that time there
have been heard by the Supreme Court
eighteen such appeals and the decision of
the lower court has been reversed in one
case only. Even in that instance the Of
fender was convicted on second trial and
died in prison.
The subject is of sufficient interest to be
studied in detail. The full record of capt.
tai cases heard since the date named is
given by the clerk of the Supreme Court
as follows:
People VS.. Eubanks-Af1irmed November 8,
1890. Opinion written by Foote, C. Executed.
People VS.. Bowdep-Atfirmed July II. 1891.
Opinion written by Mcfarland j. Executed.
People VS.. Bruggy-Ahirmea May %, 1891.
Opinion written by Garoutte, j. Escaped.
People Freeman-Afirmed December IL,
1891. Opinion written by Beatty, c. j. Com
muted by the Governor
People Wallace-Reversed May 90, 1891.
Opinion written by De Haven, ]. Convicted sec
ond time and died in State prison.
People VS.. Murray-Affrmed March 81, 1892.
Opinion written by Foote c. Died in prison.
People Vincen.-Afrmed July 25, 1882.
Opinion written by Mcfarland. j. Executed.
People VS.. McNulty-Ailirmed February 10,
1892. Opinion written by Mcfarland, ]. Com
muted by Governor.
People VS.. All Lee Doon-Aflirmed January y,
1893. opinion written by Beatty C. j. Executed.
People VS.. Morasco-Affirmed December g. 1894.
Opinion written by Garoutte, ]. Reprieved tenn
porarily by Governor
People VS.. Vital-Afirmed June o. 1894. Opin-
ion written by Garoutte, ]. ESCAPED from Insane
Asylum.
People VS.. Azof-Afiirmed January II, 1895
Opinion written by Temple, J. Executed.
People Chin Hane-Afirmed September 2,
1895. Opinion written by Garoutte, j. Await ng
execution.
People VS.. Collins-Afirmed January s. 1895.
Opinion written by Haynes, c. Executed.
People Fred rcks-A fiirmed March 81, 1895.
Opinion written by Garoutie, ]. Executed.
People vs. Leary-A Affirmed January g. 1895.
Opinion written by Van Fleet. j. Repreved tenn
porarily by Governor.
People VS.. Smith-Affirmed February T. 1895.
Opinion written by Seares, C. Executed.
People VS.. Young-Affirmed July 5, 1895. Opin-
ion written by Garoutte, j. Executed.
Certainly there is nothing in this record
to justify an agitation against appeals in
criminal cases in California. II there are
defects in the processes of our law for the
punishment of crime those defects are not
TO be found in the Supreme Court.