The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-06-06
THE COURTS NOT TO BLAME.
JUDGE FALLIGANT DISCUSSES THE
CXY OF THE LAWS DELAY.

Decision of the Court When Con-
frmed by the Supreme COurt-The
Duty of Attorneys to Defend Their
Clients by Every Means in Their
Power-Judxe FaIIigant FavOrs
Majority Verdict for Juries-The
Gambling Evil strongly DweIt Up
on and the Policy Lotteries Es-
peciaIIy Condemned.
Judge Fallfgants charge to the grand
jury at the opening of the June term Of
the Superior Court proved to be an event
of unusual interest. Judge Falligants
charges are always models. both as TO
his expositions Of the law and the manner
of delivery. In his charge yesterday
morning, however, he departed from the
beaten lines Of instructions upon the du-
ties of grand juries and discussed various
topics Of live interest.
Judge Fallgant devoted portion Of his
charge to a vindication Of the courts and
the lawyers Of the charges which have
been so frequently made against them
during the late discussions Of the SUBJ
ject of lynching ana its cause.
Judge FalHgant held that, while there
was much that could be justly attributed
to the laws delay, that this is for the
most part beyond the power of courts and
attorneys to regulate. and that there are
other things more far-reaching in their
effect and more disastrous in their re-
suits than the leniency of courts and the
zeal Of attorneys. Certain forms of law
are prescribed by which the courts are
compelled to guide themselves, and the
duty of the attorney 10 his client will not
permit of his leaving any avenue Of es-
cape untried. The remedy for the evil
complained Of lies not with the courts and
the attorneys but with the lawmakers ard
Inc people and those with whom they have
entrusted the execution of the law.
sometimes Judge Falligaut said, there
IS more danger of the perVersion Of JUS
nee after the courts have finished their
work, When the grand jury has con-
Vened and returned it's Indictment. when
the case has been given a patient hear
ing oy the court and the
Jury has unanimously reached a
ueeislon as to the prisoners guilt. when
the matter has finally been passed upon
by the Supreme Court and the decision
OF the lower court has been affirmed. a
degree OF solemnity should attach to the
result and the decision of the courts
should not be set aside without some. pre-
vai1ing reason for such action. The mar
donng power should be exercised with
great discretion, and the decisions of the
courts should not be upset hastily. There
We're too many instances, Judge Falligant
said, where parties had been undoubtedly
justly convicted, but where political and
other influences had been brought TO bear
and pardons obtained which were unde-
served. Mauddn sentiment is often made
use of in behalf of convicted criminals
| The grand jurors who indicted, and the
pert jurors who convicted and the vic
Tins who have been imposed upon, smltl-
fly themselves by petitioning the execu-
tive for the exercise of undeserved Glenn
eaey,
Much has been said recently of the
laws delay, Judge Falligant said. There
are certain grounds for continuance which
the court cannot refuse when sufficient
| reasons have been offered. 1t Is the in
tention of the law that the accused shall
have the fullest opportunity to establish
his innocence and the court cannot justly
deprive him of these opportunities. There
has been much popular clamor on the
line that the attorneys are frequently
responsible for the perversion of justice
| ana that by awaiting themselves of techni-
! caliles they enable the guilty TO escape.
or this Judge Falllgant said that it is
| the highest duty of the attorney to de-
| fend his client. The attorney is an officer
of the court and when he has been de-
tailed by the court to defend a prisoner
| it is his duty to do so to the fun extent
of his ability. No higher obligation can
rest upon him as lawyer than his duty
20 his client. So long as certain techni-
/ calities exist in the law It Is the duty
| OF the attorney to avail himself of them
! if he can benefit his client by so doing.
| As basis for his assertion that when
! the court Of final resort has confirmed the
| decision OF the court below that that de-
cision should be allowed to stand, Judge
| Falligant said that the criminal law AZ
! fords every avenue of escape to the nc
! cused Every possible protection is thrown
! around him and he is given every oppor-
! tunity to prove his innocence or conceal
/ his guilt. This being the case there is
| every reason why the decisions of the
| courts should be allowed to stand Under
the law the judge is not allowed to ex-
! press an opinion upon the evidence and
thus guide the jury in its verdict The
accused is allowed to make his statement.
and the court is required to charge the
| jury that II can accept or reject this
statement as il sees fit.
! In speaking of this portion of his charge
afterwards Judge Falligant said that he
thought chat the, time had arrived when
a majority verdict should decide and thus
much delay and expense and the evil eff
| feet resulting from the delay caused by
frequent mistrials would be averted
1.-THE question of greatest national i'm
! portauce in the history of this country in
the last twenty years" said Judge Fali-
! giant, was decided by majority of one
vote. The commission which sat TO deter
mine whether Samuel J. Tilden or Ruther-
ford b. Hayes had been elected President
of the United States reached its decision
by vote of s to Z. The Supreme Courts.
not only of the states. but of the United
States, frequently decide questions of vast
Importance by majority of one. 1t is
| rare thing for any Supreme Court to ar
rive az an unanimous decision upon any
important question where there are widely
| divergent views. Yet petty jury, COM
| posed Of twelve men, unskined in the
| law is required TO arrive at an unanimous
decision, whether the question OF issue is
| The guilt of the accused of the theft of
a peck OF potatoes or of wiiful murder,
| whether there are a few dollars involved