Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-02-09
LoOpHOLEs IN CRIMINAL LAW

The Hundley bill, governing appeals IN
criminal cases, which has passed Inc
House. is intended to meet the urgent
public demand for a remedy against the
too frequent miscarriage OF justice on
account of mere technicalities. That some
such remedy is needed has been seen TOT
years; but never was public attention so
distinctly awakened 10 the necessity Tor
II as when the lynching took place In
Amelia county, few years ago. That
was a case where the people, seeing
vile criminal about 10 go unwhipt OF
Justice. because Of technicalities. broke
into the jail and lynched him.
The Hundley bill is intended to make
the accused's counsel show his hano IN
the trial court; not sit there to entrap
the Judge. Similar laws are In force III
New York, In Massachusetts, and Ill
other States, and were made necessary
to prevent the laws being brought into
contempt by the frequency with which
criminals were able to escape justice on
swallow technicalties.
The Hundley bill was deliberately argued
in our House. and was passed by vote
of As to SO. The Democrats of the House
favored it by a 2-to-l vote, 10 OF them
having voted AYE" and 20 OF them
no" OF the Republicans and Popuiists'
8 voted aye" and 10 mo"
II is known, too, that this important
change in our laws IS approved by some
of the most conservative lawyers in this
state. But there are others who are OPP
posed to il. Quite naturally, we ma the
bar divided on this question. And so are
our judges; but these. knowing that II is
their duty to administer, not to make
laws are very properly taking no part
in the discussion of the bill.
We hardly think that there will be any
question as to the constitutionality of the
bill. General Hundley. in his able argu'
ment before the House. showed that II
IL i'm the power of the Legislature te
abolish appeals altogether. fortor
IL has the power to regulate the grant
ing of them. So We do not believe tha'
the bin will be seriously fought In the
Senate on constitutional grounds. IL VIII
rather. be fought as a dangerous limo
walton" upon Virginia customs But
has not proved dangerous In other states
where Il has been tried. On the con
trary. IT has facilitated the administration
OF Justice has given the people more re
spect for law, and. in consequence, mas
prevented lynchings.
The necessity for some such reform al
this has been seen in Virginia for many
years. Our people are anxious 10 nav
all accused persons tried by impar'a
Judges and juries, and are anxious U
see them represented by counsel; but they
do not fancy the idea of having guilt
men turned loose upon rere technieail
ties
| The sum and substance OF the Huhdle'
bill Is that 1t wipes out The chance IN &c
feat justice by raising miserable tech
nical objections In the appellate court
for the first time. II Is constitutional
II is fair; II is not an uptried experiment
n will go far towards preventing lynch
ings. and Il wiz save Virginia a vas
amount OF money now annually expende'
ON account OF criminal charges. The com
mon sense OF the people OF this Common
wealth is affronted at the suggestion ina
technicalities through which so many VII
criminals escape are indis 9snsabie essen
tials OF justice. But few days ag
the Supreme Court OF Appeals granted
new trial TO a prisoner under .circun
stances showing the necessity for IN
Hundley law. or course. we don't blam
the court. No. indeed; the court coul'
not disregard the law; It is the law tina
Is at fault. and this we wish so amend
ed es to make the administration Of crimi
nal justice In Virginia fair. square. an
certain.