The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1904-04-07
Public Opinion and Juries.
Raleigh Times.

Raleigh Times
Attention is called to the editorial
printed below from the Richmond
Tfmes-Dispatch. 1t was upon this
law that the Times yesterday said the
negro Williams ought to have been
tried in Richmond instead of putting
the State to such expense in furnish
ing guards for his protection at Roa-
nOke, the place OF the crime. The
manner of changing the venue, as set
out, seems to be thoroughly practi-
cal, and in accordance with the rules
OF common sense. There are three
criminal statutes in operation in
Virginia, which, we think, our North
Carolina Legislature will do we'll to
consider. First, the one we recite to-
day; second, the taking of evidence
privately and submitting it to the
jury when a woman has been out
ragged; and, thirdly, instead of chang
ing the venue, in case such a course
seems to be necessary, bring the jurors
from another county and let them
sit upon the case where the trial is
begun. We believe If these acts are
studied they will be passed by the
next Legislature and Incorporated
into our new code of laws.
Following is the article from the
Tmes-Dispatch:
yesterday Of the bill offered by Judge
Mann OF Nottoway, to amend section
4O36 of The Code as amended last Mon
hn cd lC 10 ho ST. r., 10
the adoption of this proviso:
"And provided further, that whenever
the mayor of any city or the sheriff of any
county shall call on the Governor for a
military force to protect the accused
from violence, that the Judge of the cor
poratiOn or hustings court having juris-
diction of the offense shall, upon petition
signed and sworn to by the accused at
once order the venue to be changed to the
corporation or hustings court OF a city
or the circuit court of a county sufficient
remote from the place where the Offense
was committed to insure the safe and
impartial trial of the accused
The bill is designed to avoid the use
less expenditure OF large sumsfOr military
protection OF prisoners, against whom a
community is incensed and it's effect is
to require the Judge to order a change Of
venue.
1t is all well enough to save expense,
but a very much higher purpose is to be
| served by such an enactment. This pa
per has time and again called attention
to the need of such law, and has more
than once quoted an opinion on the sub
ject from Judge Cardwell, of the court of
appeals. Whenever the community at
large is incensed against person on
trial for capital offense, it is practically
impossible for such man to get, what is
| guaranteed him under the Constitution.
| a fair and impartial trial. The minds OF
| the jurymen, no matter how honest they
may be, are necessarily Influenced more
| or less by the state of public opinion.
The mere fact that it is necessary to call
| out the troops in order to prevent a
prisoner from being lynched is positive
proof that it is impossible for such man
to receive fair trial.
Sometimes the reverse is the case.
man has committed crime for which he
should suffer, but, for one reason or an.
otheI, public sentiment is in his favor
and there is a demand for his acquittal
Under such conditions the prisoner is
almost sure to be acquitted, or to get Of
with light sentence, so great is the
power and influence OF public sentiment
| For these reasons there should be q
change of venue whenever the state O
sentiment in any community is such as to
interfere, either one way or the other
with the operation of the court and tC
defeat the ends of Justice