The Montgomery advertiser., 1903-02-10
Best Ways to Make Human
 Life Safer in Alabama.

, power to add an additional punishment of six months Imprisonment In the coun- | ty jail, or six months hard labor TOT the | e unty. It Is the certainty more than | the severity of punishment that deters | lawlessness. The larger portion Of those who carry concealed weapons are young men or men who lave not passed the middle ages of life, and are often lily anie to pay the fines and l have frequently thought that juries, from a knowledge of this fact have been swerved by sympathy from the paths of duty. therefore con clude that an increase of the punishment would be the means of increasing the sympathy of Juries and result in an in- creased per centage of acquittals
 One of the most delicate duties im- posed upon the trial judges is to pass upon motives for continuance. These mo- lives are addressed to his sound judg-
 ment and discretion. The Judge arraigns the defendant with the fixed purpose in his mind to see that he has fair and impartial trial, that he has the benefit of every legal right, and presumption that the law allows him; but about the first thing he has to encounter Is mo- tion to continue the case. These motions are most frequently presented by lawyers of skill and eloquence who appeal in ten derest tones to the court for justice () for the unfortunate prisoner at the bar. The defendant has one or more material witnesses absent without the procure ment or consent of the defendant, who has used every effort in his power to se- cure his or their presence;' often the court is caught by the eloquent appeal and sympathy overrules Judgment ana | the continuation is granted, which gives 1 the defendant six months longer to pre- ! pare for trial, or rather in many cases to prepare for another motion for con- | tinuance. Every homicide should be tried | as soon after it's commission as prac- | ticable. It is easier, as a rule Tor the | defendant and for the State, to have all
 material witnesses present then than ar | ter the delay caused by repeated contln- | uances, and it is fairer to both sides, be- | cause the facts testified to by the wit | nesses are more accurately remembered | than could possibly be after many months l and sometimes years. Of course l do not mean to intimate that continuanceS should never be granted, for there may | arise. and have arisen, times when public prejudice against the defendant would de- 1 feat the ends of justice by depriving the l defendant of an impartial trial, but such conditions are usually known to the court, and Alabama has not judge on the | bench who has not the courage and hon esty to grant continuance, or even change of venue, under such circum- stances, but, l do say that great care should be used in granting continuances, | for we all know that continuances of murder trials are among the most potent l means resorted to to defeat the ends Of justice by securing the acquittal of the guilty. A continuance a general thing is for the term, which means six months The time between terms is too long. A court should be convened In every county at least four times year. but of course this Is not practical as long as most of
 the circuits remain as large as they are
 but this trouble may be remedied by the
 very able Legislature now in session by
 equaizing the circuits so far as work
 is concerned. l would also suggest that
 our statutes are too liberal as to eXemp-
 tions from jury duty. There is no sound
 reason that can be offered that justiiies the exemption of a man of 60 from jury
 duty. He is then at his most conserva-
 tive period, nor should many others be exempt on account of their vacations. The liberality of our exemption laws deprives the county of the services of many of our most competent citizens. The duty
 is irksome to many, but patriotic de- sire to see that the laws are justly ex-
 ecuted should, and likely would, cause
 many who are now exempt from discharg-
 ing the responsible duties of jurors. to
 willingly render this pubic service if the
 exemptions were not so far reaching.
 1 would also suggest that the law allow
 ing challenges be changed, so as to allow
 the State and the defendant an equal
 number As the law now stands the State
 has IA peremptory and the defendant 21
 Not more than IA peremptory challenges
 to the side should be allowed.
 A. II. Aston.