The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-10


sentiments expressed by this very able
and good man are so sound and true ]
beg to quote: IF we have sentiment,
a lofty. upright standard of morals, that
compels US to punish violators of the law,
this will go far in protecting the innocent
by dealing justice to the guilty. 1t is
great wrong in community TO suler
crime to 20 unpublished. 1t is as much
a sign OF an upright community to PUNISH
offenders as it is to protect the innocent.
It is 4 dark stain on any community or
BODY polite TO allow criminals TO go
free, the punishment should not be ny
lynching but by the regular process OF
law, promptly administered, wherein
every man that attempts to thwart or I'M
pede the proper execution OF justice
should be considered an enemy of righte-
Cusness and an encOurager Of crime
Elder Gold was prompted no doubt to
pen these timely truths because Of the
shameful conditions prevailing in North
| Carolina in respect to the administration
Of our criminal laws. Indeed, there is a
pressing need fer the best citizenship OF
| the State to take UP the matter ana De
| gin 4 relentless warfare on the practlce9
| and methods that obtain in crlminal tfiaiS
whereby the Wcrst and highest crimes go
UNPUBLISHED while petty oltenSes SCtle
| time feel the hand Of justice. 1t is Wen
known that justice has been thWarted III
some important and expensive trials IL
| our State in recent months, ana theSe
cases are but a repetition OF the 1arces
| that have been witnessed IN our court
| houses for many years past Elder Goiu
may have had in mind murder In MS
| own town. where after delays and com
promises the guilty defendants escaped
with nominal punishment, when he wrote
the pointed sentence, ut is dark stain
on any community or body polite to allow
| criminals to go free.
There ought to be a fair remedy found
| TO stop existing wrongs and abuses prac-
ticed under our present laws. Why should
our Legislature oppose any reform or
needful changes in our criminal laws?
Why should the men we send to the Leg
! islature keep silent and do nothing
towards remedying the defects and
abuses that are plainly seen In
every trial of a capital case? What class
| of citizens have dominated our tawmak-
| ing bodies for the past decade? The law
vers shape the legislation; they are the
| leaders in COMMITTEES work and IN the adj
| voCacy of bills that are permitted to pass,
| they have done nothing to improve condi-
tions concerning the administration of our
| criminal laws, and it is fair to say we
| viii continue to see guilty men (proven
| guilty., 60 free from court trials until
the people arouse themselves and demand
| that certain changes and reforms be en-
acted into law. Public sentiment can
compel proper legislation and may it
make itself felt in our next Legislature!
The criminal laws and rules of practice
| should be so framed and guarded that no
lawyer. however INSCRIPTIONS and cor
rupt he may be, will be able to pack a
jury to acquit a guilty client. nor by any
hook or crook of his succeed in having
criminals go free Every man that at
tempts to thwart CT impede the proper
execution of Justice should be considered
an enemy of righteousness and an en-
courager of crime The quoted words
are as true as Holy Writ itself and many
criminal lawyers need to ponder them
well and often.
Is it not evident to any fair-minded
man that some simple changes ought to
be made that will facilitate court trials
deal out justice to the guilty and protect
society from increasing crime? Is a sys
tenn ot court trials to be always in force
under which the foul murderer can buy his
discharge from the grasp of the law by
paving to attorneys the required fee which
makes them so the full length, packing
the jury and employing every available
method in order to have him set free
ard go UNPUBLISHED and be further
Il menace to society? One of the greatest
obstacles to the proper execution OF
Justice in capital cases is the unfairness
CT allowing the defendant twenty-three
peremptory challenges while the State OF
prosecution only has four. This inequali
ty and one-sidcd arrangement has moth
ing to commend it, except that it is in
the interest Of the criminals who through
their attorneys have the advantage of Sc
Letting such Il jury as he wants ana the
State is powerless to secure a Jury OF
twelve upright, fearless and intelligent
zen in such cases. Why were twenty
three peremptory challenges for the Grim
inal and only four for the State made a
feature of our jury SYSTEM, Why such
remarkable disproportion? 1t is easily
understood from the standpoint OF the
criminal lawyer, who makes money ir
obtaining verdicts of acQulttal from jurleS
thus constituted; but for the protection
of society and for the sake OF common
Justice the prosecution and the defense
should be placed on an equal footing anc
have equal rights before the law-no dis
elimination as Is shown under present
!, practices and methods. Give each side
the same number of peremptory chal
lenges Gour in number) and you will see
notable changes for the better in the ver-
J diets of juries, justice would be also pro
noted il the unanimous verdict was not
required in order to convict One juror
for any notion OF his own can prevent q
verdict with the result that nothing il
accomplished except heavy expenses tc
BE paid by the taxpayers Of the county
1t is not right that justice should be
thwarted or defeated because twelve mer
should choose not to be OF the same mind
AS matters are now the defendant has
% get only one to disagree. The prosecu
ton has to get all twelve to agree. Thi.
wri.er believes it would be q wise step t
change the law so that two-thirds of {
Jury may convict, though there are man!
people think ten jurors out of twelve
ought to be the required number to make