The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-23
Is THERE MISCARRIAGE OF
JUSTICE?

Is THERE MISCARRIAGE OF
JUSTICE?
Are the people right in believing that
| justice is not always melted out and that
there arc frequent miscarriages of justice?
| That opinion is widely entertained, not
among the ignorant or the prejudjced, bat
! broadcast minded. Within the last ten days
| this writer has heard a leading banker,
with his hundreds of thousands, a distin-
| guished divine, whose age and position
give weight to his opinion, one of the
most prosperous merchants and one of the
1nost successful and level-headed farmers
in the State declare that they had about
lost faith in the courts and did not look
to them to administer justice. This paper
las never gone so far as that. 1t believes
that in most instances justice is meted
out, but it likewise believes that there are
glazing miscarriages of justice that Go
| great harm and are responsible for the
| views of these leading men quoted
The following article in criticism Of the
News and Observer is taken from the
Tarboro Southerner:
JUSTICE VS.. MERCY.
"Under present laws and miscarriage
of justice.-News and Observer
"Such pessimistic u~tterances are neither
just to the State nor to the progressive
paper that publishes them. The people of
North Carolina in their efforts to advance
may take some needless steps %obliQUely to
the right or to the left, but none back
ward. This miscarriage of justice has
been the cry since we had courts and save
TO the jaundiced view the administration
of Justice is as efficient as 1T ever waa.
Much that is now being said about
juries acquitting this man or thai, or re
turning verdicts not IN accord with the
evideQce is without sufficient foundation.
AS a rule a jury in North Carolina is at
least equal to the average citizenship of
the locality, and their verdicts are not
corrupt, but the result of motives that Go
credit to them. No doubt juries are not
so swift as formerly to find one guilty Of
a capital felony, but this should not be
construed into a miscarriage of justice.
Rightfully interpreted, this change means
that a higher regard is had for human
life; the people are becoming to Gimly
act as deterrents.
I'm other words, capital punishment Is
becoming less popular. The ante-Chris-
tian adage. an eye for an eye etc, IS
steadily being supplanted by the gospel IN
the Sermon on the Mount. The be damned
to you OF old Is giving away to the God
forgive you and save you of the real Chris
tan. Brakes lave been put upon the car
Of ~Juggernaut by the Prince of Peace.
Laws may be defective but the hearts of
the people are pm the right place, and as
long as this remains justice tempered With
mercy will prevail in the land"
Let US see if this paper was not right.
The present law as it relates to murder,
superseding the old common law, makes
it almost impossible to secure a conviction
for murder. The law allowing the accused
a disproportionate number of challenges is
another statute that tends to the miscar-
rage of justice. The Judgment suspended
upon payment of costs" in the case Of
toting pistols is a judicial method that Sc
cures the miscarriage of justice. The too
light sentences imposed by judges, the 100
free use of the pardoning power also op-
crate to the miscarriage Of justice. These
are cited in support Of the statement that
under present laws and miscarriage CT
Justice there is something wrong.
The judges and juries are like the people.
with this exception: they are sworn to
| pDfOrpn tho law II 10 mono IF fhoir h,1cs
ness to say that the law is too harsh or
too mild. 1t is their business to execute
1t without fear or favor. The higher re
gard which we wish to see placed on hu-
man life is a regard that will end shooting
and cutting and butchcring: not a regard
that looks chiefly to finding a way to
shielding the man who had no regard for
the person or the life of his victim. The
people ought not to clamor for the CON
v%lctlon OF any man no matter how serious
the charge against HIM. They ought to
demand that every mar be given a fair
trial and that the punishment be com
mensurate with the crime.
1t IS too much to say-it is incorrect to
ody-tnat no man OF position or wealth Or
defended by able lawyers can be punished
in North Carolina. While these things too
often do secure immunity from punishment
there are two striking examples that show
such a wholesale charge is too sweeping.
Only a few weeks ago Utley, convicted OF
murder in the second degree in Fayette-
vile, was brought to the penitentiary t.
serve a sentence of thirty years. He
was the richest young man in Fayetteville
land If money could have awaited, he would
:haVe been acquitted. Only this week