The Montgomery advertiser., 1903-02-06
Best Ways to Make Human
 Life Safer in Alabama.
By Judge N. F. Denson, of the 9th
 Judicial Circuit,

1 tlcle on the l<oopnOleS III tnc Law oi 1 Homicide in Alabama. and the Defects III 1 the Administration of It." This invita- | ton assumes that there are defects in the ! law of homicide as 1t exists in Alabama. | So far our substantive law, both stat l utory and as announced hy the Supreme | Court. with reference to homicide, Is con | cerned, l assert without any fear or sue | cessfui contr ldiction, that there does not l exist in any State in the Union. more ! stringent system, one freer from excuses | to the manslayer for taking the life of l his fellow-being.
 Our homicide statutes are based upon. | if not a copy. of the statute of the State of Pennsyivania on the same subject, | and have been construed by our Supreme Court, in the light of the construction i placed upon the statute by the Supreme {, Court of that State.
 See Mitchelrs case 60 Ala, 26.
 Judge Stone wrote the opinion in the Mitchell case, and 1t leaves it without reason for any nj si prius judge to make a mistake in defining to jury the con stituent elements that are involved in the different degrees of homicide. This same eminent jurist wrote the opinion in the case of Ex partc Kettles, 5S Ala. 26S f; and as. far back as 1880, he wrote the i opinion in the case of McManus vs. The State. 36 Ala, in which he took occasion ! to lament the fact that death by violence had grown to be of such alarming ire duency in Alabama. Says he. in that opinion. Scarcely a day passes that does
 ful list of homlcides. Hear him assign
 the reason for this; The fault is not In the law. While its provisions are hu-
 msne and just. they are yet suf1ciently
 strict, if duly administered, to punish crime and restrain the lawless. The
 fault lies in q loose and falsely merciful
 administration of the law. Just and humane appreciation ot the flgnts ana perils of the accused should at aIl times pervade the jury box: yet our sympathy and solctude should cake wider range. The lives of others-the very repose and security of society, rest on wise sys- tenn of penal laws faithfully, yet hu- l namely. administered. All of this opin- ion would be good reading for those in- terested in faithful administration of the law. IL has been denominated Judge Stones homily." Following the McManus
 case came the ease of Ex parte Nettles,
 5S Ala. 26S. in 1877. in which is found this sentence: Until juries learn that the crime of murder is not expnnged from our statute book. nor retained only for | the friendless and humble. we may ex- 1 pect the carnival of the man-slayer to be prolonged if not intensified. After reading these two opinions the reader will be impressed with the idea that the | writer was speaking from obserVation- 1 from experience. So he did Judge Stone 1 had been a nj si prius judge, he had observed t1e working of the jury system he had no doubt. as many no" -a-daE i judges nave. witnessed the release by ju-
 
 1 sickly sentimentality. and he was im- | pressed with the importance of strong public sentiment in favor Of the punish- ment of the guilty. There cannot be l found in any opinion the grand old man ever wrote any laXnsss in favor Of the manslayer. On the contrary he erected l high standard. Those of his brother | judges who sat with him when the case of Hornsby vs. the state ;9i Ala, was l rendered, can testify how stouty he op- posed the qualification of the expression: | formed design" in the definition ot murder He loved liberty. but It was the l only true liberty; that winch comes 10 l the citizen from proper enforcement or l the law True, his decisions caused very thoughtful and conservative mem | Der of tine bar to say: Alabama law | of homicide constitutes code ploodlcr l than any that Dr leo wrote: Inls same 1 thoughtful lawyer remarked in the same | connection, but f is right; Ill proper | restraints should be placed upon the man | slayer. for who can estimate the Na'ue ! of human lfe?' Our judges who have | succeeded Judge Stone have not depart l ed one jot or title from the course set 1 by him. from the law Tn ne man, as 1 announced by him And after carefui | study of the decision. of our supreme Court. | am prepared to say that the l Court has spared TO pains in throwing ] every proper safeguard around human | life that can be placed around II py me
 written law, md veY property so. oii l 1 homicide ca ses. when read in connection l with the cases decided by the Supreme l Court of the United ntates on the sam subject. will he fouad to be mucn icsS l liberal to defendants. It IS frequentl! ie- ! marked by members of the bar tAat tne | supreme Court has stripped detendants 1 of every VeStiSC of self-detense. khow l of no case in which the Supreme court
 has set any improper nmltatlon "poH l this law. their decisions are right ana 1 in keeping with hlgner civilization. l give it as my experience on the pehch, | that in one half of the cases tried uurins | the ten years l have been Judge, ana Ill l which the defense of seif-dcfense has been
 relied upon, the killing could nave been 1 avoided but for false idea of chlvalry
 Judge Head was right when ne cnarseo
 ,he Jury III the case Of Sprlnsheiu Ns. | The state 96 Ala. that 'in our system | of self f-defense. there Is no balm Tor l wounded pride or sense of shame Tn DC l ing called q coward. such things are as 1 trash when considered in connection Witi | the inestima bic right to live, ana II II | comes to the question as to whether one | man must flee another ole, the one must flee The lawyer defending ult-
 fered from the Judge on this proposition | he carried the case to tho supreme court l but without avail.
 1 Perhaps I have consumed too much | space on this branch of the subject, put l wanted to demonstrate that there IS no | defect in the law of homicide, and fur
 
 | h mented and great Judge stone nas
 placed the responsibility where 1t proper l lv belongs for improper acquttais In
 homicide cases--the Jury box.
 Of course there are reNersals by tne | Supreme Court in murder eases. or JuuS-
 ments rendered by the lower court ana l this will continue to he the case so lons 1 as the judges are selected rom man
 kind, all men are falhble. But the ire quency of reversals has been to some eS, ;so | tent remeded by statute. Section 43So l of the Code the latter clause Of wnich | is in the following language; But the 1 judgment of conviction must not be re- | yersed because of error in the record,
 when the Court is satisfied that no injury | rrsuItcd therefrom to the defendant,
 l That there is laXness iu the admins tratinu of the criminal law, l am ready l 10 concede, but assert that 1t Is not the : fault of the courts nor or lIe Id" as l written, and agree with Judge stone that
 the fault lies Tn the Jury boA' oo IT. | uuently juries are controlled by Slckly l sentimeutality they lose sight or the fact | that society as well as the defendant. is | interested in the outcome or every nom l iclde case. the dead Is forgotten In the 1 interest of the living. The only remedy l for this ia in the generation of q healthy | public sentiment against murder. ana m l favor of genuine manliness on the part l of jurors trying the cases.
 | tiovernor Montague, in his speech In
 Montgomery last week. amongst other | truths uttered this one: standing by ! vour friends is the curse of American noI,tics and American Government The 1 ;l,terancc of th's truth was met with an appreriative burst of applauee from the
 audience. 90 said the % reporter ana II ! Is it not applicabl" to jurors In the 1 discharge of dutyc What lawyer deIend- ! ing a homicide cas-, in looking over the ven.re. is not actuatcd in some degree