The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1904-08-23

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criminal seems more and more like a new and use
less efusion of blood. Thus "the laws delay"
regarded even in Hamlet's day as one of LIES
grievous evils, is still a force for evil.
Of remedies, the most notable yet proposed is
that advocated by Justice David J. Brewer. In
cases of capital crime he would have the nearest
Judge convene court as early as possible for the
trial of the accused. He would abolish appeals in
all criminals cases, but would allow the prisoner
to submit at once to the Supreme Court a steno-
graphic report of the evidence,-a new trial to be
granted should the court reach the conclusion
that the wrong man had been convicted, but never
for mere violation of legal technicalities. We
may not wish to go so far, but the fact that a
member of our highest court suggests such a rem
edy for the weakness of the judiciary and the
spread of lawlessness is enough to convince all OF
the need of genuine reform. For example, 1t IS
stated on high authority that mot a single public
official charged with wrong-doing in New York
within the last fifteen years has actually received
legal punishment. Many have been indicted; a
number have been convicted and sentenced, but
some higher court has interfered in every case,
always ON the ground of a flaw in the Indictment
or some other purely technical defect, and never
on the relative merits of the question at issue"
One ipexcusable fault was pointed out by a South
ern bar association some time ago in a resolution
which declared that new trials should not be
granted on account of error "unless it appear to
the satisfaction of the appellate court that such
error probably and reasonably effected the result
adversely to the appealing party" The mere
statement of such a condition is argument enough
for a change. Let US not blame the criminal law
yer for using opportunities for delay; let us
blame ourselves for permitting them to exist.
The pardoning power ought also to be hedged
about with greater restrictions. That it has
been often abused there can be no doubt. A
false idea of mercy has led many of our Governors
to do far-reaching harm to society. Where mercy
can be given the criminal without injustice to the
public, the pardoning power should be exercised.
But often, to pardon means to lessen the crimi-
nails fear of law, to weaken the citizens conf
dence in it, and to strengthen the mob spirit
among all classes. In such cases it is better to be
merciful to a thousand law-abiding citizens than
to one man whom the courts have pronounced
guilty of crime. It would probably be well to re-
strict pardons and commutations-at least for
those crimes of which the extreme penalty is death
to those by the judge or solicitor
of the court which tried the prisoner.
These are some of the changes needed in our
general legal machinery. But we shall have to
recognize the fact that the one crime which often
est provokes lynching is a peculiar one and de-
mands peculiar treatment. Whatever we may do
in murder cases, in dealing with rape, we shall
have to adopt Judge Brewers plan in it's en-
tirety.
Moreover, the Universal Peace Union and a
number of prominent periodicals have recently
suggested the unsexing of criminals of this class.
In the South, at least, where the peril is most
imminent, nothing less than death will ever be re-