The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-07-09

Ing.
STACKS ANECDOTES.
| L. Ert Slack, OF Franklin, who came
next. made a ten-minute speech Of an
anecdotal nature and one heartily enjoyed
! by the banqueters. Mr.. Slack has knack
for storytelling. and the ones he told last
night were from his best stock. THE old
| time lawyer. with his rusty clothes, his
seedy tall hat. his cane. his whisky breath,
| is a relic of the past" said Mr.. Slack. "a
new lawyer has come in his place, man of
| dignity, OF affairs. quasi-publc man, a
| molder OF public opinion" Mr.. Slack
warmly congratulated the association on
the result of its suggestions to the recent
| General Assembly and predicted increased
success for it in the future.
William L. TaylOr's address was. in some
respects, the speech of the evening. Ii had
i 70 do with subject always Of the keenest
| interest, 1.-The Laws Delay" Favored
with humor of the peculiar Taylor brand,
| the address was yet in serious vein, de-
serving the close attention it received. In
| introducing Mr.. Taylor Judge Palmer start
ed hurricane of laughter by the signif-
/ cant remark There are some delays for
which the Hon. w. l.. Taylor is unable to
account TO the people of the State and to
the matrons satisfactorily, but l am sure
| that he will have no difficulty in explaining
The Delays of the Law
w. l.. TAYLOR SPEAKS.
81 welcome you ALL" said Mr.. Taylor. in
beginning, "all of you, from the muddy
Hudson. the beautiful Potomac. the turgid
| Wabash, ] welcome you to the beautiful
| sparkling White river, where the colon
bacillus lives and has his being. thence to
| enter our systems and play tag in our APP
pendices. It's always fair weather when
good fellows get together. and tonight
| could hardly be other than a most en-
/ Joyable occasion.
| "A barrister on Dogberry road inquired of
| an attorney where he could find the case of
Jarndyce VS.. Jarndyce. He said he had
| seen IL quoted, but he be COMPOUNDED II he
| could find the case anywhere
There is a popular notion that the DOM
inant note in the legal tune is delay. The
| novelist, the story writer and the editorial
fulminator all teach this heresy.
In this age of electricity; in this age
when We can speak and be heard around
| through mountains and under seas, laymen
| grow FESTIVE at what they think is the snail
| pace of the lawsuit. The lawyer himself
has not wholly escaped criticism.
There were no practicing lawyers came
| over with the pilgrims. For thirteen years
| the honest and peaceful Dutch in their Hol-
| land homes had taught the pilgrims TO
avoid the courts as he would a pestilence.
| 1t was the Puritan coming straight from
| England who brought the lawyer with him.
But he brought him on probation: He was
| TO abjure forms and quirks, bubbles and
| foils. They refused TO allow him TO sit as
a member of the Colonial Assembly. The
lawyer was the victim OF the times ana or
| the accumulative forms of delay Customs
and presidence constituted a bristling abat-
| tbs behind which the rich and powerful
l/could safely defend against the assaults of
| the poor and weak. Under such a system
| well might poor old King Lear have walled,
Plate sin with gold and the strongest
shafts Of justice hurtless fall;
Clothe IL with rags and piSmys straw
doth pierce
1.-The great lawyers who constructed the
| Indiana Constitution attempted to tear
down this breastwork Our Constitution
| provides that Justice shall be administered
| and without denial; speedily and without
| delay This constitutional provision was in
| tended TO put into the hand of the accused
| sword OF justice with which he could
! command speedy trial and meet his ac-
| cusers face to face at the door of the grand
| jury ROOM Instead of sword he fire.
| quently uses Ii as a shield behind which he
may maneuyer and delay
CRIMINAL PROCEDURE.
There is a popular notion that our GRIM
inal procedure is lame. hating and hesi-
tating in character, and that the accused
stands on an eminence, safe and secure,
behind meats, bitches and bristling abat-
tbs of legal technicalities That the ac-
cused has the wings of Mercury while the
State moves at a snails pace
"It is this. mistaken spirit which grows
finally, like leaves caught within the re-
sistless vortex of cyclone, the whole COM
munity goes mad and the mob is on.
AT the beginning the spirit of the mob
| is but gentle zephyr 1t rises with the
| theft of a ring. 1t increases with the as
| sault upon child. 1t grows violent with a
burning OF a home and becomes a whirl-
wind with the ravishing and murder of a
| maiden.
Let US not confuse this spirit with the
| spirit Of anarchy. The one thinks itself
| honest; the other knows itself to be dis
honest. The one believes that the laws
| ing for the flight of time. Let US reason
| together. Is there any warrant in our law
Indiana favor delays? No. Is there any
warrant for the sentiment that punish
ments under the laws of Indiana shall not
| follow swiftly upon the heels of crime? No.
is there any warrant for the statement
/ that the condemned escapes by appeal? No.
| Let me give you few figures by compar-
| ing the record of appeals in criminal cases
in Indiana thirty years ago with the pres
| For the two years ending thirty years
/ ago. la criminal cases were appealed to the
| Supreme Court. Seventy-four of them
| were reversed. OF these twelve were muir
| der cases, and of these twelve. eight were
reversed and four affirmed For the two
| criminal cases were appealed, and but
| twenty-six-and these of minor impor-
| tance-affirmed. Fifteen of these cases
4
death penalty was inflicted. Every one OF
| these fifteen cases were affirmed.
| 1T is a splendid tribute to the ability,
learning and care of the trial judges and
4 the trial lawyers of Indiana that all of the
murder cases appealed, Notwithstanding
| the shield OF presumed innocence which the
| law throws around the accused, were af
/ firmed. But you ask the question, is there
| nothing further that can be done? Yes.
| What? Let the grand juries follow more
closely on the heels of the crime. Let the
petit jurors follow more closely on the de-
| parture of the grand jury TO the end that
/ the punishment shall more swiftly pursue
the crime. The courts are honest; the juries
/ are fair; the lawyers are able. and the COM
/ munity approves il all. Is there no other
remedy? Yes. Nearly every major crime
has its origin in a convenient and deadly
| weapon. Eliminate the deadly weapon and
/ the crime will be reduced TO a misdenednor.
The fist and not the bullet will avenge in
suits and attempt TO right wrong. Assaults
will take the place of murders and the
manly art will supplant the assassins
| work.
| CONCEALED WEAPONS.
1--WE punish a man for carrying concealed
| weapons, and yet allow the sale thereof
without let or hindrance. In the shop win
| dows along the streets of our cities, towns
| and villages deadly weapons. gaudy in APP
| pearance and cheap in price, are exposed
| for sale. and every man and boy is urged
| to buy. And yet the minute the man boy
| steps from the shop door he has committed
crime for carrying concealed weapons.