The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-06-27


dence without which the jury system is
not likely greatly to promote just findings
on issues presented.
Administration of Laws a Disgrace.
I'm adopting punishment of "a crime for
new country the first question which
can be asked is How have the so-called
guarantees of liberty of the defendant
worked on the whole? While In Eng
land crime is punished with Ms much
severity and uniformity as the public
veal demands, and this although they
have the trial by jury, although defen-
dands cannot be compelled to testify and
although the other rules of evidence to
E which | have referred have full applica-
tIon how Is 1t in this country? l grieve
for my country to say that the admin
istration of the criminal law in all the
states Of the union. Cfhere may be one
or two eXceptions), is a disgrace TO our
civilization We are now reaching an
age when we cannot plead youth, sparse
civilization, newness of country as cause
Tor Iaxity in the enforcement of law
That makes the difference between
the administration of the criminal in
England and in this country. In the first
place while jury has always been a sacred
and untouched part of the tribunal con-
, stituted to try crime in England, the
judges have always taken and maintained
their part at common law in the trial OF
every defendant and that part has been,
first the retention of complete control
over the method by which counsel try the
case, the restraining them to points at
issue and second, the power TO aid the
Jury by advising them how to consider
the evidence and expressing an opinion
on the evidence leaving, however, to the
jury the ultimate decision
- No Appeal from First Court.
',Another reason why English justice
stln maintains its reputation for GER
tainty Of punishment is the fact that
there are no appeals allowed from the
first court unless the judge presiding shall
deem certain questions of law of sufficient
importance and doubt to reserve them to
Il court reserved for crown cases.
How is 1t In our country? The insti-
tuition of trial by jury has come to be
regarded as fetish to such an extent that
state legislatures have exalted the pow
er of jury and diminished the power of
the court in the hearing of criminal
cases. The function of the Judge is limit
eu TO that Of moderator in a religious as
sembly The counsel for the defense,
relying on the undminlshed power of the
court, creates by dramatic art and by
harping on the importance of unimport-
ent details, a false atmosphere in the
court room which the judge is powerless
to dispel and under the hynotie influence
of which the counsel Is liable to lead
the jurors to vote as jurors for YER
diet which after all the excitement of
the trial has passed away, they are UNI
able to support as men.
Some Startling Figures.
and now what has been the result in
this country? Since 1885 in the United
States there have been 131 951 murders
and homicides and there have been O.
es6 executions. In 1885 the number Of
murders was 1903. In 1904 it had in
CREASED to s, ASP. The number of executions
In 1885 was 10S. In 1901 the number was
1i6 This startling increase in the num-
bers and homicides as compared with
the number Of executions tells the story,
GAS murder Is on the increase so are
all offenses of the felony class and there
can be no doubt that they will continue
To increase unless the criminal laws are
enforced with more certainty, more uni
formity and more severity than they now
are"
Among the new law school honors an
nounced were the following for graduate
students:
Degree-D. c. T.. magma cum laude,
Chung Put Wang Canton. China degree
Ii. D.. cum laude, Francis e. Boland'
San Francisco and Gustavus T. 5. We'll
ger. Philadelphia.
The anniversary exercises of the med
ical school were held In College street
hall where Abraham Jacobi M. D.,
IL. D.. of Philadelphia. delivered an ad-
dress on Era of Therapy."