The Montgomery advertiser., 1901-07-07

that the defendant is guilty. but you cannot prove 1t, and if you do am prepared to prove that he was somewhere else. and have seen 1t sew eral times wind up by the threat being verified. It is too often the case as the matter now stands, and if you en- graft this provision in the Constitution there won't be one conviction out Of ten indictments.\
 MT. Barefield-I would like to ask the gentleman a question.
 The President-Will the gentleman consent to be interrupted?
 MT. Wilson-Certainly.
 Mir. Barefield-I would ask the gen. tleman If I withdraw the word time" will you support the word place? MT. Wi!son-No sir; one is bad as the other. an alibi is as easily proved against the place as against the time. MT. President. hope that this ConVen- ton will not place any such license On crime in violations of law. as proposed by this minority report.
 Mr. Barefield--I ask unanimous con- sent to withdraw the amen1ment as to time.
 The President--The gentlema ndesires | to withdraw the amendment; is there | objection
 Mir. Howze-Yes; I object.
 MT. Williams alcngn)-I trpst my
 friend will leave the word tune" in
 there for a short while, any how, to
 get the sense of the Conv ention, tEere
 may be a good many of us who like the
 word time in there. and let us get
 the sense of the Convention before we decide If we cannot get whole lear.
 let's get n part of 1t. s
 I dislike to differ from my disting-
 uished friend, the solicitor from the
 county of Washington. and l would
 say in differing from him that l look
 at this matter enti1ely from she ci po-
 site side. My friend has argued here
 as if he were in the trial of a criminal
 case. and as If there were only one
 side to this question. I Will admit that
 there are possibly too many safeg lards
 thrown around one charged with the
 commission of a criminal act, put T
 submit that the English speaking peo-
 pie desire safeguards thrown around
 those who are charged with the com
 mission of criminal acts, and if you
 gentlemen talk about opening the doors
 to bribery and perjury it is better f1
 have elem thrown wide open than that
 the doors of the penitentiary le closed
 upon too many innocent men as Tn III!
 opinion they have been in the past
 Now the argument of those who oppose
 this amendment is upon the ground
 that the solicitor or Grand Jury prac-
 ticaliv the solicitor. would have har
 time in determining the time and piac.
 al which the offense was committed.
 submit to the Convention that when In
 matter is before the Grand Jury tha
 the Grand Jury has before them t:i'
 States witnesses, and the States Wit
 nesses are the ones who saw the thine
 done. Now what is the most natura
 result? The question that follows
 When did you see it done, where dit you see it done? submit to the Con vention that on the trial of every crim mai cese that you have heard. the frs question asked by the Solicitor IS
 Where was this offense committed , Some of them say in the county Q
 Montgomery why not have t say U the city of Montgomery. If it happeaet at Jacks Mill, why not say at Jack's Mill? At what time? Why, last week , My understanding of the amendment Il : that the time must be charged witl reasonable certainty. Is there any r thing unreasonable about saying on c 3 about the 18th of June. near Jacks Mil over here in Lowndes county, nea ? Hayneville? There, is a murder dowi } here near the Federal building. Sa. near the Federal building, or at the in r tersection of two streets, or at King g Cross Roads. and describe it with som - degree of accuracy. AS 1t is now. yo l have the whole county of Montgomery T the whole county of Walker. or of lief r ferson, and you have twelve months e and as to a felony. you have thre n | years in which to say when the fel V ony happened. In civil cases tn t place and time is fixed Th e best illustration of that are the mum ,, erous railroad cases. and you must fl V the time and place with reasonabl e certainty. where the particular injur = complained of happened. Let u e have it so in the criminal courts. Tn = worst illustration that my frien I could have presented is this questio | of carrying a pistol, but let us take u q the question of carrying conceale e l weapons.
 r Mir. Reese-Did you ever know of : case of indictn1cnta for murder wher < any injustice was, done by failure [ al,ge the rlace where the man wa t murdered?
 Mfr Willis ms-Oh, no; did not mea n to say that can recall particula
 case Not in a murder case, but eel @ tainly the states witnesses know tn V t.ne and place and why not give tn :, defendant notice of the time and plaC Q charged At the time the indictment. ,, brought Gentlemen on the opposit h side will say when witnesses come int f coutt, wrere did it mapped? Down g a the cross roads. Won't it fix tn t nlace? And when they say, when di T it happen? On the 20th of June. Ths il fixes the time, it is true. The defend
 ant will have to send out and get h a witnesses, when possible he came int a court prepared for different defens ! at a different time. They might say n a fellow is SO bad, going around con n hitting offenses at different times, N ought to be convicted, bNt that is m
 the policy of our law, prosecute hil o for the one offence or the other, bl = nut him on notice of the time an v place.
 |. Mr. Wilson (Washing ton)-Is 1t m IL the custom to prove the time and pla' U more definitelS than to say a partici a lar county and within one year b. : fore the finding of the indictment? MT. Wil!iams-It is ordinarily don
 and that iJ what I condemn. In u T ,rial of a case where the time and plat A is brought to the defendant, he mas m ii time to so out and get witnesses Ial " tse gambling cases in Montgomel q mentioned by the gentleman fro 'i Washington If anybody sees gan l. bling going on down town, he knoV between what two streets, on Con l. me ce or Dexter, or which side Of De: ; ter kc saw it. He certainly ought , know with that much particularly ar l. whether last week or last month, al d not place the defendant within a lin 6 of twelve months, and give him Il 3r whole limit of Montgomery County.