The Montgomery advertiser., 1903-02-03
Best WAys to Make Human
 Life Safer in Alabama.

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 NoTE.-The Advertiser will pub fish . series of articles on the ''Best Ways to Make Human Life Safer in Alabama" and has requested articles on this subject from some of the leading jurists and solicitors of the State in the hope that the present Legislature will enact . law which will strike at condition which has grown until it has reached alarming proportions.-The Editor.
 BY JUDGE '. c. ANDERSON of
 the First Judicial Circuit.
 Editor The Advertiser:
 Yours of the 26th ult., to hand, ana noted. I agree with you that human nie is too cheap and that failure to admin ister justice is largely due to Flax public sentiment" I further admit that the guilty sometimes escape. because or de- lays and new trials as a result or re- versals by the Supreme Court.
 Instances of the latter class. however, are far less frequent than the press and public seem to think, and especially since the enactment of several statutes with TcIeTeuCt tO oIaWh8 JuAASo -~AAN 4~~~---S venires and indictments because or irreg- ularities and clerical mistakes.
 The trial judge has much to do with the expedition of business and can usually have a speedy trial if he determines to do so. If he takes pride in keeping his dockets clear, don't shirk work. gives the attorneys tA understand that when capital case is set. no rule will be re- faxed as to showiags. they will usually endeavor to be ready and with the CO., operation of an active and prudent Solic- itor trial can be had.
 Of course, if we have to encounter in- competent Clerks and Sheriffs. who are so neglectful and careless that the Court has to quash venires, 1t not only ere ates a delay but entails upon the county a big expense. Or If the Sheriff does not execute the subpoenas we are confronted with difficulties. But as rule. most of the Clerks and Sheriffs are competent and whether they are or not. the Sohc- itor should guide and direct them In ar ranging the preliminaries incident to the trial of a capital case.
 The Legislature could, of course sim plify matters some but as I say trials can usually be had if the officials are care full and prudent as to the venire.
 With no delay caused by the illegality of the venire, the only other obstacle. as a rule. in the way is procuring the at- tendance. of witnesses and this can to great extent be cured by limiting the time within which they can be ordered and by fining the Sheriff few times if he does not show the proper diligence. Of course, showings are sometimes made. setting up facts that 1t would be hazard ous to admit, but honorable attorneys ought not to offer a showing unless they are morally satisfied the witness would swear to 1t, if present. Again, if the State has good case, the Solicitor will usu- ally admit the showing and go to trial. If, however the showing can not be ad- mitted the case is necessarily continued. That need not create much delay in places where Court Is open for months and weeks, as the case can be reset for subsequent day of the same term. In counties, however. where the term is for but a few weeks. 1t necessarily has to go over until the next term: still that need not cause much delay or a congestion of the dockets, for the Judge has authority under the law to hold special or ad- journed terms, whenever he desires to clear the dockets and has plenty of time to do so, except in a few circuits. So in the end the expedition of business IS largely dependent upon the Judge, who should be man of judgment and not afraid of work; he should be properly re- munerated and in return required to per- form faithful service. The Solicitor, has much to do with the execution of crim- inal law, he should be one of the best lawyers in the Circuit. should be paid well and not permitted to practice law. I have never known of a delay changing the result of but one capital case. l was tun Whifa and the first trial there was fatal variance between the proof and the indictment as to cause of death. The defendants declined to con- sent to amend the indictment and were held over and a new indictment ordered At the next term the case was tried. the State had a weak case of circumstantial evidence, but for some notes the defend- ants wrote while in Jail between the first and second trial and which fell into the hands of the Sheriff and which caused a conviction, as l would have given them | the general charge but for these confess sions.
 | As to technical reversals by the Su- preme Court, I hear much complaint on that subject and sometimes read decis- ions wherein 1 think the Judgment of the lower court could have been upheld without transgressing legal principles or doing any one an injustice, and think the Supreme Court ought Go always affirm when it can be done. Yet think revers- als as cause of a miscarriage of jus tice is largely exaggerated and is the rare exception.
 I can not speak accurately for other circuits, but as to this one, I will say I have been on the bench just eight years and have tried at least 2,O00 crimial cases and over 100 capital ones, and have had but one reversal by the Supreme Court Uongmire vs. the State), and which eliminates that as reason or cause for the escape of the guilty in this Circuit. It has been my experience that justice Is satisfied when a negro or a friendless white man is the defendant. On the oth- CT hand I have witnessed but few con- victions where the defendant was a white man with a large and influential family connection, and I have tried many of these kind within two months after the commission of the crime and frequently within less than six months thereafter. No time was no ingredient, neither was the law or evidence but the work was done before the witnesses testified and when the jury was organized. It meant an acquittal or hung jury and yer dict of conviction impossible. On the oth- CT hand I have tried criminals of the obscure class, and 1t made but little diff ference whether soon or late, they were usually properly convicted and punished
 You can improve the machinery some, but until public sentiment undergoes a wonderful change we can expect but few convictions of a certain class and whose cases are neither affected by delay or re- versals, as they seldom get to the Su-