The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-18
Is THERE MISCARRIAGE OF
JUSTICE?

most 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
has never gone so far as that 1t believes
that in most instances justice is melted
out, but it likewise believes that there are
glaring miscarriages of justice that Go
great harm and are responsible for tue
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 utterances 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 obliqcciy 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 wGs.
Much that is now being said about
juries acquitting this man or that, or re-
turning verdicts not in accord with the
evidence is without sufficient foundation.
AS rule a jury In North Carolina is ut
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
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 cimly
realize that extreme punishments do not
act as deterrents.
"In other words, capital punishment is
becoming less popular. The ante-Chris-
tan adage, an eye for an eye, etc, Is
steadily being supplanted by the gospel IN
che 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
tian Brakes have been put upon the car
Of Juggernaut by the Prince of Peace.
Laws may be defective but the hearts of
the people are in 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,
supersedng the old common law, makes
it almost impossible to secure conviction
for murder The law allowing the accused
disproportionate number of challenges is
another statute that tends to the miscar-
riage of justice. The Judgment suspended
upon payment of costs in the case of
toting pistols is judicial method that Sc
cures the miscarriage of justice. The too
light sentences imposed by judges, the 200
free use of the pardoning power also OPP
crate to the miscarriage of justice. These
are cited in support of the statement that
under present laws and miscarriage OF
justice" there is something wrong.
The judges and juries are like the people.
with this exception: they are sworn TO
enforce the law 1t is none of their bust
ness to say that the law is too harsh or
too mild It is their business to execute
it without fear or favor. The higher re-
gard which we wish to see placed on hui
man life is a regard that will end shooting
and cutting and butchering; not a regard
that looks chiefly to finding a way tc
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-
viction of any man no matter how serious
the charge against him. They ought to
demand that every man be given fair
trial and that the punishment be com
mensurate with the crime.
1t is too much to say-it is incorrect to
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 wholesale charge is too sweeping
Only few weeks ago Utley, convicted OF
murder in the second degree in Fayette-
vile, was brought to the penitentiaIy to
serve sentence of thirty years. He
was the richest young man in Fayetteville
and If money could have availed, he would
have been acquitted. Only this week
Wilcox has been brought to the peniten-
tiary. He was once a student at the A
and NJ College, his father had been sheriff
of the county, and he had the benefit OF
the best counsel that could be employed
In addition there was much division OF
sentiment away from his section of the
State as to his guilt. And yet he is now
in the penitentiary for thirty years. q
never argy agin fact said Josh Bill
lngs. These two instances dsprove the
sweeping statements above quoted, but We
might instance cases where justice had
been defeated. What all good citizens OF
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