Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-04-22
lCULBERSON.
CONTINUED from pase -


leses. But no such disadvantage ex-
lists, especially in view of recent legls-
lation- Defendants are surrounded by
safeguards which the state must over
come In every case Of criminal
character they arc armed with the pre-
sumption OF innocence: their shield is
the reasonable doubt against which the
sword OF justice has beaten I'M vain for
centuries. And BY recent enactment
they may testify 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 is par
ticularly true in all cases which are
hotly contested, when, as Is often the
case, the state IS overmatched In coun-
sell Since the adoption OF the present
constitution the court Of appeals and
Its successor have heard and deter
mined 1861 cases Of felony. and of this
number 27s0 have been affirmed and
1887 reversed. The proportion Of re-
versals 10 afIirmances Is 81 per cent.
1t IL not practicable at this time to
ascertain what percentage OF reversals
were upon technical grounds, but
cursory examination indicates that It
is large. Reversals upon these grounds,
creating dlstrust Of the courts and
heavy expense to the state, are due
principally to the fact that the appel
permitted 10 indulge proper presump-
lions as to proceedings In the trial
court, but must reverse II the record
be silent, and Is expressly required 10
reverse II any of the requisites of the
code have been disregarded. however
technical and formal.
To remedy the first OF these defects
the code OF procedure should be amend
ed so as to authorize the court TO pre-
sumo. Notwithstanding the silence OF
the record. that all questions of venue
were proven on the trial. that the ac-
cused pleaded to the Indictment, and
that the jury were sworn, unless such
questions were in issue in the trial
court and were there acted upon before
appeal. These and similar questions
should not be permitted to be urged
in the appellate court for the first time.
The second OF these causes should be
removed by amending article $50 of
the code OF criminal procedure tnow
article ~, code 1880 SO as not TO re-
quire a iiverzal unless a failure to OBJ
serve tn, requirements mentioned in
that artitle probably injured the de-
PENDANT AID deprived him OF a fair and
Impartial trial. The present law re-
luires the1udges Of the court of crim-
lnal appeas 10 prepare opinions In all
felony casis. Many cases are appealed
in which here are neither statements
where thelprinciples OF law involved
are thorouthly established. II viii re-
lieve the judges OF much Improbable
labor and realty expedite business III
by amendmelt the preparation of opin-
Ions be committed to the discretion Of
the court"
In my judgment. much good will thus
be accomplished, but the end of mob
violence should not be left wholly to
such laws. Whre the guilt OF the victim
is clear. however cruel and revolving
the crime, II Il utterly indefensible in
a government of established order,
and in doubtful cases there is added
horror involved In possible innocence.
Laws should b, passed requiring the
removal from dice OF any sheriff or
constable who permits the execution
of any person II mob in his county
or precinct, andany county in which
such shall occuran in which any OF
It's citizens shallpartlcipate should be
made liable 20 tn state In the sum Of
| $4,000, TO be devted to permanent I'M
provements OF hei benevolent and char
| liable institution under the direction
| Of some properly Constituted authority.
The venue for The proceedings should
| be fixed at thu seat Of government
and they SHOULD be conducted by the
attorney-generalor under his direction.
Under the preent law judges are au-
| thorized to overule motions for con-
| tinuances, but Yhen applications for
| new trials are resented they should
be granted IL tn testimony which de-
| PENDANTS swear they expect TO prove
| by absent witnesses appears material
! and probably tire. The materially of
| such testimony rests almost entirely
| with defendantsand under advice OF
| counsel 1t rarely fails 20 appear. II
| would serve to rrce speedy trials and
| prevent continunces. and new trials,
| II defendants In heir motions for new
| trials were requihd by affidavit OF the
| absent witnesses themselves to show
| what their Testimony would be or
show good eaus1 why 1t could not DO
| done. In the absnce OF this new trials
| should be refusd. Indifferent jury
| service, added to what frequently
| amounts 10 professional service. tends
| often to indefesible verdicts OF &C
| quittal. This wodd be lessened and the
| responsibility cat more generally up
| on the entire community IL exemptions
| from jury servio were more restricted
| In capital and murder cases especially
| overseers OF rods, publishers of news
| papers, druggits, undertakers, mill
| ers, members d the Volunteer Guards
and organized nie companies should
not be oxemI. Individual cases OF
hardship could easily be relieved by
trial judges.
/ NAllNANiA Al AE9Ci-os
The national II jmocracy has done
\ much during hS present administers
/ tlon to merit public approval and
commendation Though having pos
! session OF thesxecutive authority and
| both branehe of congress for only
two years. sll hundred federal offices
have been abdshed; the sugar bounty
| amounting tc 1000 600 u year has
| been cut off:pension expenses have
been reduced $4,000. 600; an income
tax was inpoed, though declared I'M
constitutional by majority of the
supreme cour; since 1893 the ordinary
expenses OF gvernment have been re-
duced S27.O00o0; more than u billion
dollars OF paper money has
been made taxable; the aver
age I'D viorem rate OF tariff
taxation hasbeep reduced from 10. 5S
TO 3s.0s per emit; millions of acres OF
public domni have been recovered
from corportlons and further grants
discontinued complete self govern
meng haa ben restored TO the South
by the repee OF the oppressive federal
election lsM and the conduct Of for
elgn afrairahas awakened national
enthusiasm. Notwithstanding this a
great opportunity IN presented TO tho
Democracy n matters OF Federal con-
Germ. The Nicaragua canal, uniting the
oceans. void establish commercial
freedom foithe Southern and Western
states. II puld give TO those statcs
a direct IN to the nations OF the
East, creR, new markets for their
products. bid up southern ports and