Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-03-10


excessIve-except, Indeed, In cases OF muir
der. where the law does not enable him TO
pass any other sentence than death. An
appeal to aubordlnates is Objectionable on
other grounds. To affirm what has been
done II always a safer course than 10 re-
verse 1t. II the affirmation is wrong, the
Judge and jury viii have to bear the
greater part OF the blame, whereas II the
reversal Is wrong, the home secretary
must bear the whole OF H. Moreover
there Is another way of evading the plane
OF an erroneous affirmation. The Home
Office receives secret evidence. ana
when hard pressed the officials can IN
sinuate that they have secret evidence
that establishes the prisoners guilt Ihus
Lord Salisbury, when replying TO me
American petition in Mrs. Maybrcks
favor. rested his refusal OF any concession
not only on the evidence given at the
trial. but also on "the facts known 20 hef
majesty's secretary Of state Had he
been challenged to produce these Facts
some excuse would no doubt have been
found for their non-production. The as
sumption OF superior knowledge can
always be put on by tribunal that re-
celves secret evidence when the published
evidence does not Justify It's decisions, ana
the present home secretary Is as ready 70
put It on as any OF his predecessors. AZ
a matter OF fact, however, the home sec
rotary has neither the time nor the incll-
nation TO acquire the superior knowledge
for which he wishes the public to give
him credit In the case OF Mrs Maybrick
he has VIGOROUSLY neglected the means OF
procuring 1t yhlch were within his roach.
Moreover 1t has leaked out otherwise that
the secret evidence on which the home
secretary sometimes acts IL not evidence
at all. but police report The police are
usually thanked and rewarded Tor pro-
curing n conviction for any serious offence,
Trunks and rewards are withheld when
the prisoner Is acquitted. Every nerve Is,
therefore. strained to procure a conviction,
and the methods employed are not always
OF very scrupJlous kind, The police are
OF course, anxious to support a conviction
which they have been detrimental In pro-
curing. and when their report Is kept Sc
cret from the prisoner and his friends,
who have thus no opportunity OF answer
Ing II or exposing It's misstatements. the
consequences can be easily foreseen.
II may perhaps he added that the Eng
Heb prison rules throw every possible diff
Guilty In the way Of a prisoner obtaining
proofs Of his innocence or assisting others
to do 30. But another George KEENAN,
(Nhy not the same George kennanO is
needed TO expose the evils OF system
which would probably produce hunger
strike II introduced into siberia. l am at
present dealing only with criminal APP
pcals.
The reader will think infer that the
present English appellate system Is little
h'hltI tNhll "a Ilptht+hf ANAL lll Nlle hb-
sence Of powerful political influence II
only rc'tities a few very llagrant msear-
riages Of Justice, and that the refusal of
the English home secretary to release
prisoner ought not to be regarded as al
f1rl.ng oven the faintest presumption OF
that prisoners guilt.
Unfortunately this department seems to
be unsusreptbie Of reform. So long as the
present methods are persisted in, 1t IL
evident thar any Improvement could be
only temporary; but Tor years past 1t has
been going from bad 10 worse, and II Is
more difficult To- obtain redress for a mis-
carriage OF Justice under Mr.. Asqulth's
administration than under that or any OF
his predecessors, a mistake on the part
OF a Judge or jury he regards as extreme
ly improbable. though the experience OF
o!yil cases, In which appeals are permitted
has shown 1t to be OF frequent occurrence.
But a mi take on the part of the home
office Is absolutely Impossible You might
as we'll attempt to stop a torrent with
bulrush as to shake the official conclusions
by the opinion Of "a chief justice or OF an
encouragement supported by a host OF
eminent counsel. They have neither part
nor lot In the matter The home office
does not act on legal principles. II does
not dispense justice. It does not want ad-
Vice from judges or barristers. 1t DIS
pcnses mercy ana declines to lay down
any general principle for dispensing It. In
nine cases out OF ten no knowledge either
OF the circumstances or Of the evidence
OF the crime would enable the most ac-
camplishel barrster to predict the action
OF the home secretary. But Mr. Asqulth
Is certainly no refarmer. nor Is his guide
philosopher and friend Sir 2. Du Cane