Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-06

therefore. II happens that movement.
springIng from very noble impulses w
engaged in very noble performances. mas
created the necessity for couh'er-iuo'e'
ment TO destroy the evils that were pro-
duced. The growth Of tiat counter move
ment Is evidenced by the widespread pc
lief that while the substantive law IN 'ie
main is just. the law OF criminal pro
cedure in America IL IN many respee'
unjust; that there has been an undue eN-
altation of the individual charged WIN
crime and that he has been let into the
possession not merely or MS own put vi
something that is not his own. Ana uhless
all the signs are misleading, this belief Is
coupled with an equally widespread oe-
termination that society, made up OF all
It's members. except the indiViuuai
charged with crime, shall be restored 10
and maintained In the possession Oh
part OF the province from which III mas
been driven. Now what" inquiries
distinguished writer. "are the qualities
which a good criminal procedure shouid
POSSESS? 1t should secure. Ia the hIst
place. Justice; secondly, the sympathy
OF the public thirdly. CELEBRITY, economy
and public convenience" l do not tlllh
IL will be disputed that the radical defect
in American criminal procedure is a lack
OF CELEBRITY, and that without that quaIty
the best system Is In danger OF being
discredited and becoming abortive. rear
ful of doing a wrong, by quick DISPOSE
ton OF his case, 10 the one possible inno-
cent man OF the one hundred men who
are arrested, we have provided the most
luxurlously -lelsurely proceeding for all.
To this defect is due the escape OF many
who should be punished, asx thus the
criminal class Is embOldened and increas-
ed: TO II IS partly due the morbid senti-
ment OF sympathy for and toler-
ance of the guilty, as month
after month and year after year
year. ample time being given. their
friends manage 10 surround them with
slckiy halo OF martyrdom; and TO 1t also
is due the disgust and excitement that
So often disturb ordinary calm and peace
ful communities, and lead them TO In
fict the penalties of the law without
waiting for the courts to take action.
LYNCHINGS EXCEED EXECUTIONS.
1t is stated by writer in the Ameri-
can Law Review (and IL the statement
be true, where can history show a pre-
cedent0 that in the United States in
the year 1892 there were 6,79l homi-
cidos. 235 lynchings. and l07 judicial exc
cutions, and that In the ten years from
1883 10 1892. inclusive. the average was
TWO lynchings TO one execution. The
delay that is largely responsible for this
deploTable condition is apparent from
start TO finish in the conduct of criminal
cases, but II IS most apparent at the
start and at the fnish-in the matter
of getting to trial and in the matter OF
arriving at judgment that Will stand
unreversed and be carried out with some
degree Of promptness.
There are many features Of the French
procedure that we may not approve
We may disapprove the privacy that
shrouds the preliminary examination, the
dlnuseness, and rhetorical flourish Of the
indictment-the acte daccusation; the re-
fusal to presume the innocence of the
accused and tho unmerciful way In which
he is Intercepted by the judge who tries
him, every event OF his life being
brought out, however unrelated 20 the
issue. But most of us will admire and
commend the provisions the French
make for a vigorous prosecution at the
outset by having skilful and well-paid
officials always on the alert, and by d.
yestng the case Of every personal aspect,
a thorough investigation being demanded
even though opposed by the party i'm
mediate.y injured. the provisions made for
quick trials by fixing the period Of the
various stages through which a case
is TO pass. and the provisions made to
insure fnality by carefully regulating
the right of appeal and confirming it TO
questions Of law, and by requiring the
appellate tribunals 10 decide expedi-
tously.
The only complaint that Englishmen
dlrec, against their system is that, in
consequence OF their tradition that crime
IL TO be looked into and punished
through the efforts OF the person on
whom the injury is inflicted. and not
through the efforts OF society. the pro-
secution Is less official and less enter
prising than it should be. although one
can hardly think, after reading the news
paper account OF trials in London
that have attracted the attention of the
world during the last three or four years.
that there Is much real foundation for
such a complaint. This, at least. is to
be said: When. under the English sys-
TEN, a person Is convicted he soon dis
appears from the public gaze. carried
either TO the scaffold or prison, unless
the Attorney-General or the trial-judge
think proper 10 ask review OF the
proceedings, or unless the executive ex-
tends clemency. The counter movement
that seems to be taking shape In this
country will involve perhaps. principal
~ a consideration OF the subject OF ap-
peals, andA accordingly, l may be per-
doned for quoting at some length two OF
the law-reformers of England, one OF
whom deserves 10 be classed with men
ike Romilly and Brougham. And ! may
say here that l must not be understood
as advocating all Of the features OF the
English system. or as intending TO do
more In this paper than indicate the need
of ''the amending hand without ven
turing TO indicate where that hand should
be laid upon our own system.
EXTENSIVE RIGHT OF APPEAL
Mr.. Moore quotes at some length from
Sir James Fitzjames Stephen and Hon.
Arthur ID. Elliott on the subject OF ap-
pcals in criminal cases, and continues.
The European criminal courts are In
large measure organized upon the theory
that they should be capable Of making
just and final disposition Of the cases
OF which they take jurisdiction. There
has been much argument against the ele-
ment Of inailty, but that argument is
constantly weakened as the altruLstic
sentiment gains strength-the sentiment
that lowered with the love OF love, the
scorn Of scorn. the hate of hate" and
working not only with the executive
whether King President, Governor
Home Secretary. or Board of Pardons
but upon the executive through the in
huence Of the pulpit, the press, and pub
lie meeting, will render the innocent man
not less safe than IL he enjoyed the
much extensive right .Of appeal The
American criminal courts are apparently
organized on some other theory. That
theory seems TO doubt the capacity OF
the trial judges. 1t seems 10 assume that
they are at the lowest grade OF a very
slowly ascending scale Of good. better,
best; IT almost seems 10 assume that
there IS far more likelihood of a mis-
trial than OF a perfect trial That theory
nnl.. llf.DrDth lnnar nd L. LIND >.