The Montgomery advertiser., 1903-02-08
Best Ways to Make Human
 Life Safer in Alabama.
By Hon. S. H. Sprott, Sixth Judi
 cial Circuit.

By Hon. S. H. Sprott, Sixth Judi
 cial Circuit.
 Editor The Advertiser:
 Yours of recent date asking me to give my views, and make some suggestions with reference to the laws, and trials of persons charged with homicides. was duly received I can speak for no other circuit save my own-the Sixth-and so far as it Is concerned, 1 don't think there is any cause for complaint that the law with reference to homicides is not enforced. Examining the docket for the years 1901 and 1902 in this (Sumter) County, l find that we have tried seven cases for murder and there were seven convictions; there was one appeal to the Supreme Court and that was affirmed. In Greene County l have, within the same time, tried about the same number, and out of that number there was one acquittal; two or three appeals to the Supreme Court and they were affirmed. In Pic%ens County. cov- ering the same period. there have been five or six cases of homicide tried and all convicted. In one county in my circuit Fayette) l have held forty consecutive tetms of court. covering period of twen- ty years, and I can now recall twelve or thirteen cases, most of them for murder, and out of that number there have been but two acquittals. One was reversed by the Supreme Court on technicallty, and at the next term the defendant was again tried, convicted and got the same sen- tence that he got on the first trial. In my experience of twenty years on the bench, l have tried a few cases, where parties were acquitted, where I thought they should have been convicted.
 The fact that we have had so many convictions in this circuit is due to the fact that we have had able solicitors It IS Of first importance that the State be represented by the ablast legal talent in the circuit; by good la wyers who know when to stop asking questions, and when to abstain from asking written charges, and who do not insist on doubtful points. While the above. as to the number of convictions, is true as to this section, it may not be true as to other sections of the State; therefore, I make the follow ing suggestions:
 In the first place, have speedy trials It is not so much the severity of the puu- ishment as the certainty of it, that de- ters criminals.
 When I speak of speedy trials, mean as soon as it can be- consistent with the rights of the defendant. A great many defendants charged with murder. are poor and friendless unable to employ counsel, and when the indictment is returned into court and he is about to be arraigned an attorney has to be appointed by the court to defend. Perhaps the attorney has never seen the defendant before and knows nothing about lis case, and has other matters of importance to attend to. so he has but little time to investigate the case He has not-,he power, as the State has with it's witnesses, to compel the defendants witnesses to come before him and tell him what they know about the case. until the day set for trial, and then for the first time sees them, and then perhaps ascertains that there are other important witnesses that he should have in order to do justice to the defend- ants case.
 Under such circumstances 1t would be a mockery of justice to force him into trial without giving him an opportunity to get his witnesses. Any fair minded, con- scientious judge would hesitate to hurry