Arizona republican., 1905-02-10
An Instance OF English Justice.

The English system of speedy trials
and swift punishment has commenda-
BILE features, and these good features
have been emphasized in pointing out
the faults of the American system.
We have heard much of the laws de-
lay" in the United States; Of the un-
wise latitude of appeal; of the over
growth of ease law" and the over
shadowing influence of precedent, and
the reign of technical laws devised for
the benefit of defendants-an operat-
ing to bring about the miscarriage of
Justice. Mr.. Justice Brewer of the
United States supreme court AS well
as many other competent observers.
have cited these and other faults OF
our judicial system as the basic cause
of lynch law. and they are undoubted-
ly correct But it does not follow that
the English system is any better, or as
good as ours.
The cables have been telling recent
" of the case of George Edalji, which
is typical of the English procedure.
Somebody had been brutally mutilat-
ing horses in a rural community. Ed
alji, an educated and refined young
man, was selected by the local consta-
bles as the probable author of the
crimes. Suspicion fell upon him main
Iy, it seems, because he was a foreign
er-he being the. son of Parsee mer-
chant Nothing but the weakest cir
cumstantiaI evidence could be adduced
against him. A small stain was found
on his clothing, which an expert pro-
nounced mammalian" blood. Also the
police produced some horse hairs which
they said were found on his clothing,
although the young mans family swore
that no hairs had been on his clothes.
The police also produced an old razor
belonging to the defendant. which they
thought might have been used in the
crime, but a veterinary surgeon testi- !
fed that some other instrument was
used. Thera were no traces of blood |
on the razor. While Edalji was in
Jail another crime was committed. ex-
actly like that of which he was ac-
cused. All of the crimes. which had
aroused the neighborhood, were eX-
actly alike and of peculiarly brutal
nature. They indicated that the per-
petrator was a lunatic or fiend. Ed |
ALI was tried before a bench of rural
magistrates and a jury Of rustics."
Aside from the circumstantial evidence |
mentioned, the court and jury were
most influenced by some anonymous
letters introduced by the crown. These
letters, extremely illiterate, charged |
EdaIji with the crime, and the police !
insisted that they had been written by
the defendant himself! He was con-
victed, and sentenced to seven years
penal servitude.
Up to this point, the case is not ex-
traordinary. Prejudiced courts and
stupid juries have undoubtedly con-
victed innocent men in this country. |
But under the American system the
defendant always has the right of APP
peal. He can have the case reviewed |
by a higher court and can count ON a
reversal if error in the trial can be
established. But under the English |
system Edaljrs only course was an ap-
peal to the home secretary's Office for !
cIemency-the only recourse that Mrs.
Maybrick and all other persons con-
victed in the English courts have had. |
A petition bearing 10000 signatures
was presented to the home office in
EdaIjrs behalf, but the secretary de-
clined to interfere. The distracted |
father of the young man also applied |
to the secretary for copies of the re-
ports made by the police to the home /
office, but this was summarily refused |
as contrary to the practice of the de-
partment." If precedent is a tyrant |
anywhere, it appears to be in England
Henry Labouchere, the famous Lon
don editor, says that nothing in former
cases has been brought out more
damning to the department than this
revelation Here we have" he adds. |
"a minister of the crown, exercising
virtually the functions of a court of |
appeal, and receiving on the consider
alton of this appeal secret evidence
from one side which the appellant is
denied even the right to know of, still
less to criticise or test in any way. /
Such procedure is repugnant to the
most elementary principles of the ad- |
ministration of justice, and it is diff |
cult to believe that a counterpart to it |
could be found in any civilized coun-
try"
American criminal procedure does
not always give satisfactory re-
suits, but it is unquestionably supe- |
,-fl 20 IN, ~, Il
world.