The Montgomery advertiser., 1903-02-14
OF THE LAW OF HOMICIDE
 AND ITS ENFORCEMENT.
The Remedies for the Delays in Ad-
 ministrative Justice.
By J. c. Richardson, Judge of the Second Judicial Circuit of Alabama.


 Second Judicial Circuit of Alabama. Editor Tho Advertiser:
 answering the inquiry, which you did me the honor to make, requesting my views in re the insuficiencies of the law life and the protection of that security py administrative justice.
 The law of homicide now operative In the State of Alabama has approached to its present existence through the centuries or the most enlightened morality and Christian observances of the pre-eminent- ly civilized and conservative race of the world. It Is the common law of England conformed by the statutes of Alabama to the public sentiment condition and civ- hization of the people of Alabama
 That eminent jurist and profound pub licist, the late Chief Justice George w. stone. said, the definition and constit- uents of murder have come to us from tenn which in the purity and elevation or its morals, the maintenance of right and repression of crime. the equal pro- lection of all in the enjoyment of life. liberty liberty and property; challenges the ad- mration of the world.'
 The true principles of the law of homi- eide come to us sanctified by the wisdom ana philanthropy of centuries. That law takes life regretfully. but with unfiinch- ing purpose to protect and preserve hu-
 
 man should fall under the condemnation of that law or suffer its penalties and no guilty man should escape the conse- quences of his crime. cannot be dissented from by any who accept the postulata of sound morals, or who give consenting Judgment to tho truths of Christianity. Morality and Christianity alike demand that administrative Justice concern her self not less In the protection of lnno- cence than In the punishment of guilt. | Nt volt Fle eyad nft har n q n lawyer or as a Judge in the administra- ton of the law of homicide In Alabama Tor more than twenty eight years. Look ing backward over the experiences and observations of all these years, what are the changes in the law of homicide of Alabama which l would suggest? l am conscious of no change in the law per St or homicide for which, If made, l would De willing to assume the responsibility. By responsibility, I mean to be made to | feel accountable for the results of the change to the people of Alabama, and | meet the same before the Infinite Judge when he decides upon my acts done tn the body for all eternity.
 The procedure of the administration of the law of homicide Is distinct and sepa- | rable from the law itself. That the ac- cused some times remains either on bond or tncarcerated in prison for a long De- rfod. awaiting decision upon the indict- | ment which charges him with a violation of the law against homicide, is common knowledge. That such delays are incon- sistent with common justice and the con- Sttutional guarantees must be admitted | but can they be prevented, with or with. | out a readjustment of judicial procedure presents controversy of so great diff. | hculty, that l dare not undertake its dis cussion.
 am of opinion that there are matters in connection with the judicial administra. | ton of the law of homicide upon which legislative attention and action would be beneficial to the people of this State. CD Section 50O4 of the Code of Alabams | should be amended so as to give the pre-. siding Judge the discretion to draw on, | special venire of not less than twenty five special jurors for all the capital cases | triable during given week, instead of as now. separate special venire of no | less than twenty-five nor more than fiftI | for each capital case. This would reduc, l the chances of continuance, too ofteI l created by mistakes of clerks and sher | special venire, and 1t would save cost
 in the issuance, service and mileage. | @ On the voir dire examination of ; juror by the presiding judge to ascertain | whether such juror Is competent, the presiding judge should have authority tC ascertain from the juror under hi oath or dehors his oath, or iron either or both. whether the turo
 had been talked to about the case upor | which he has been called or any of thu | facts thereof. or whether the case or any | of the facts thereof had been talked about or discussed In his presence. If tho presiding judge should be of the opinior | that the juror had been talked to concern ing the case, or the same had been talked l about or discussed in his presence, h' | should be permitted In his discretion tC
 allow either side to pre- -emptorlly chal lenge such juror. This exercise of discre ton and the rulings thereur-c should no | be permitted to be assignel. ,s error 1T | the Supreme Court.
 | (0 The exemptions From jury dut, | should have the conservative considera l ton and action of the Legislature Among 1 the many classes of persons now exemp | from jury duty are; all township trusteei of public schools; ministers in charge o