The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-21
THE ABUSE OF APPEAL.
A Pennsylvania Lawyers View OF the
Rhyme Case.

We have before us. neat pamphlet
Address of Judge James Il. Brltchell, Ok
the Supreme court of Pennsylvania, be,
fore the Bar Association of Pennsylvania
OH duty to Court and Client i'll Grim
mal Cases 1t is ii very able address
and expresses strongly and clearly the
ings. He quotes largely from the DIS
senting opinion of Justice Clark, of TINS
State. in State vs.. Rhyme.
Recurring to it again he says: Il quote
a few words again from the opinion OF
Mr.. Justice Clark, of the Supreme court
of North Carolina. in State VS.. Rhyme
30 5. T.. Rep 1876 unfortunately a dis
sent on the sufficiency of the evidence OF
premeditation and l say unfortunately
because no judge or lawyer can read it
without feeling that it is cOnvincingly
right AN ideal trial is ONE in which
the innocent has nothing to fear and the
guilty but little to hope. In our murder
trials. happily we fulfill the first con
dition. but we arc exceedingly far from
the latter.
State VS.. Rhyme was the CASTOR coun-
ty case in which the prisoner being Il
negro, who had without sproyocaton
killed a most cstimable white man, the
majority OF the court held that the jury
had convicted without amy evidence
charitable opinion for the negro, but a
most uncharitabc one of Castor c0ull-
ty jury--in which the learned Pennsyl-
wanna Judge does not agree, the evidence
being stated in full by the majority of
the court in their opinions. The negro
Rhyme was brought to Wake Jail to keep
him from being lynched
Continuing touching the abuse of the
right of appeal in such cases, Judge
Britchel says:
LET me not he misunderstood as advo-
eating on desiring any radical change.
God forbid that the day should ever
colue when the presumption shall not
be in favor of innocence, and so strong
that the accused may stand safely upon
it until overthrown by convincing evil
dence. But the thought is abroad that
the administration of justice in serious
criminal cases is not merely delayed and
hampered. but undermined and baifled
by useless tcchnicalities, and i'm free
country. widely extended thought leads
sooner or later to action. Therefore
would have the ancient edifice of the law
repaired at the hands of its friends lest
it be RACED utterly by the iconoclastic
temper of the times. 1t belongs to the
bar to guide and control public opinion
on this subject, but bench and bar must
first see to it well that all just cause OF
complaint is removed.
''1he issue i'm a criminal trial is the
guilt or innocence of the accused. The
entertainment of that fact is the sole
object of the proceeding. All other mat
tiers are subordinate. collateral. accessory
Observation-Disclosures and means only to the
end, quod erat demonStrandIIm When
this end has been reached, upon the sub
stantial truth of the case, the purpose
and usefulness of technical questions at
fecting the mere proceeding are finished
and they ought to- disappear from the
case Only two considerations can justly
counsel in prOlonging the contest upon
them. First, that the verdict is against
the very right and truth of the issue and
that the alleged technical error substan
TALLY contributed to such result and
secondly, that the error complained Of
though merely technical, is of so serious
and important character that its per-
petuation as a precedent will disrupt the
established system of the law to the sub
stantial peril of its future just and uni
form administration"