The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-08-01

cuxed man sntrusts his defense 20 an at
the Iaw affords II Is not the opinion Of
the lawyer or the vision Of the law that
Is called into operation: II Is the skill Of the
attorney In securing for his client such
advantage as the law Affords. II IL the
duty OF rhe legislature TO insure that the
accused shall not have an undue advan-
tage: and II is rfe duty Of the lawyer.
familiar with rhe inequities and the bsst
remedies FOR them. 70 assist the legislature
in placing Justice upon a high plano.
II f. a notorious scandal that accused
men. as 20 whose ssak no honest Jury and
no intelligent Judge cord have any doubt.
have escaped punishment entirety through
a ministerial act of omission or OF COM
mission which had no bearing upon the I'm
partial trial CT The accused or in any way
3eopars3Ixe9 the interests Of the man en-
trial On the very Just theory that every
man is presumed 10 be innocent until he
ss proved to be CURRY all precautions
toward securing the rights OF . cftiNn
should be taken. and the judge should Be-
his protector against any irreguiaraty
which tends 20 lessen his chances Of ac-
quittal in case OF reasonable doubt - TO
his guik.
But Il 10 net this feature Of legal pro
cedure which brings scandal upon the
administration OF justice and odium upon
the practitioner. In Illinois there ID
Law which provides that whersves the
guilt Of Q person Is established, he shall
not be discharged on any ground or IN
forrnaiity which does not involve the
merits of the case This is a fundamental
idea in criminal Jurisprudence; but null
titads Of what should be merely regula-
tons Of the court. subject to the disere-
ton OF the Judge. have been incorporated
IN the statutory Law. and more weight
given to these techniealities than to the
basic principle. For instance, ii IL pro
vided that a certain course shall be pur-
sued in the selection of a grand jury At
wide intervals OF time; IL a negligent
or inexperienced sheriff or county clerk
omit to do some OF his duty. courts have
held that a man accused must be dis
charged, no matter how heinous his crime.
In another case-not In this state. how
ever-a man accused of felony was dis
charged because an almost forgotten law.
overlooked in later changes. provided that
no must be proceeded against by indict-
ment To the lay mind, this would seem
that the man was being tried for being
indicted. and 1t being proved that he was
not indicted. he was legally innocent of
the crime for which he was arrested
We have a principle clearly expressed
In the law of this state that when once
a civil action has been commenced tho
court shall have control of all subsequent
proceedings and discretionary power to
remedy any defect which does not touch
the merits of the case. This discretion is
even more essential in criminal procedure
because the law Is very jealous OF per-
sonal rights. and. in its efforts to sur
round them with safeguards. sometimes
uncnnsciously erects barriers which make
courts helpless. or at least AFFORD excuses
which were never contemplated by the
iawmaker or and any justification in COM
mon sense
The province OF the statute Is to de-
fns the crime In general terms and pre-
scribe the maximum and minimum OF
penalty. II should also provide the means
by which the juries may be impartially
supplied, and lay down the now well es-
tablished rules OF evidence. Beyond this
any further proceedings should be left
to the discretion of the court. always
allowing. OF course. the right OF review
30 that a substantial error may be cor
rected by the appellate court; but. above
all, the trial court should have the right
to disregard the verdict Of the jury and
order new trial when there is a clear
conviction In the mind OF the judge that
for any reason Justice viii be frustrated
by permitting verdict either for or
against the defendant 10 prevail This,
too. should be subject TO review. but In
such cases, and indeed in all criminal
cases. appeals TO the higher court should
take precedence OF all civil business to
the end that the rightfnlly accused shall
be promptly punished and the unrighte-
ously accused be as promptly released.
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