New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-17
CRIMINAL PROCEDURE IN VIRGINIA

Governor Montague's purpose in securing the
passage by the Virginia Legislature OF law
permitting the victim Of negro's assault TO
give her testimony by deposition, and not 90
into court and be subjected 10 cross exaInlna-
ton, is clear and praisewOrthy. He IS trying
10 establish the reign Of law and deprive the
advocates Of lynching Of one Of their favorite
excuses. They will no longer be able 10 say
mat they acted 10 save a woman from the tort
ure OF public rehearsal Of her suferings. The
wisdom Of departing from sound and settled
legal principles TO achieve such an aim IS, how
ever fairly open TO debate. The passage OF
such an act by Virginia, the mother OF the Bin
OF Rights, is a noteworthy indication OF chang
ing views concerning the necessary guarantees
Of individual rights in n free country. The
Virginia BIZ Of Rights. rs 1t has come down
from the hand Of George Mason, declares:
That in all capital or criminal prosecutions
man hath q right 10 demand the cause and nat
ure Of his accusation. 10 be confronted with
the accusers and witnesses, 70 call for evidence
IN his favor, and 10 a speedy trial by an I'M
partial jury OF his viciuage, without whose
unanimous consent he cannot be found guilty /.
nor can he be compelled 10 give evidence against
himself that no man be deprived OF his liberty
except by the law Of the land or the Judgment
OF his peers
The dispatches do not give the details Of the
new law, under which a negro was yesterday
tried at Roanoke and sentenced 20 death. II IS
10 be presumed that the deposition, though
taken out of court and only read 10 the jury. IS
taken in the presence Of the prisoner and sub
feet TO reasonable discrimination by his
counsel TO bring out any evidence which may
exist In his favor. Otherwise the law would be
an absolute denial OF the most fundamental
guarantees Of the citizen as plainly expressed
in the Bill OF Rights. However unworthy the
wretch condemned yesterday may be, and how
ever natural is the impulse 10 crush all scruples
concerning him and his kind ard be satisfied IL
they are condemned under any form OF law
rather than executed by a mob, it must not be
forgotten that Il conformation Of witnesses or
other guarantees OF the Bill OF Rights can be
set aside for one purpose, they can be for an
other, and no man has any protection against
irregular procedure.
We do not suppose that the people OF Virginia,
additionally jealous OF authority and sensitive
20 invasion Of their constitutional rights, would
pass an act even TO meet peculiar conditions
which technically infringed any Of their his
toric guarantees. Even at the best however.
with the provisions which we have supposed
are made, is It wise 10 meet lynching by con-
ceding TO lynchers the Introduction of ever so
little Of their methods into the courts? Gov
ened man, striving to uphold law and civillza-
ton ana secure Justice 20 blacks and whites
alike. Nevertheless, the tendency OF his ex-
pedient IS one 10 be carefully watched. II IS
not n race question but a question Of estab-
lished legal safeguards. There is n growing
disposition in the country 10 short cuts to secure
what people feel is substantial justice. But long
experience has taught the wisdom Of the old
established system Of criminal trials which
brings witnesses before the Jurors and gives
them a chance 10 Judge Of the credibility OF
testimony. Without that opportunity the posi-
bility IS great OF giving undue weight 10 false
statements. This charge IS one generally rec
ognized as exceedingly difficult to disprove.
Perhaps in the case Of negro who would other
wise be certainly lynched II does not matter,
but certainly in no State would the people as a
whole want to put their lives at the mercy of
some persons statement against them read 10
a Jury after being taken in private under con-
dtions making the other side OF the story diff
cult TO bring out.