Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-04
JUSTICE IN ENGLAND
Administration Superior to
That in This Country.
DETERRENT OF CRIME
MORE HANGINGS IN THE DIS
TRICT THAN IN LONDON.
British Charities Managed More Eff
fectively and Economically Than
in the United States.
BY WM. F.. CURTIS.

BY WM. f. CURTIS.
| written for The Star and the Chicago Record
| Herald.
Not long ago in one of the magazines,
| DR.. Andrew d. White said Il would de-
| sire for my country three things above all
! others to supplement American cviliza-
| ton. namely: From Great Britain. her ad-
| ministrat:on of criminal justice: from Ger
| many, her theaters; and from any and
every European country, save Russia, Tur-
| Key and Spain, its government of cities
Mr. j. E. Young OF Chicago calling at
| tention to this remark asks where he can
! obtain the best account of the admnistra-
| ton of criminal justice in Great Britain
! but l cannot learn of any book in which
| 1t is given in full or in detail. DR. White
| says that his declaration was based upon
| his personal knowledge and observation of
| the procedure in the criminal courts. The
main point he says, lis that the judges
in England speak with more authority than
ours do There is no such facility for tax
| ing exceptions making appeals and that
chlcanery in general in behalf of rogues,
and especially those tried for the highest
| crimes, which VIGOROUSLY exists in our
country.
Every Eng1ishman charged with a high
crime has trial before d judge of the
highest standing and jury OF good, sub
stantial men; but when he has had his
unless the judge, upon looking the matter
over carefully, has doubts regarding some
points of Importance The result is that
the administration of justice is speedy and
respected. Goodwin Smith. who is one Of
the most careful men in his statements l
have ever known. tells me that he is as
sured (and that his opinion in this respect
is borne out by all competent judges whom
he knows that there has not been mis-
carriage III a trial for murder in England
for forty years. OF course, we all know
&c J1aSe- oh n. mar.
of every sort-with a result that even in
the clearest case it usually takes two years
to convict a man Of high crime and then
maudlin public sentiment comes into
play which, in many cases. leads to his es-
cape from real punishment. The result is,
whereas punishment for high crime is
powerful deterrent in Great Britain, it
seems to have little or no effect here.
Note the vast and increasing number of
murders in this country writes Dr.
White "apd note also that during recent
year only one in seventy-four homicides
was severely punished. l have attempted
to bring this subject to public notice in
various addresses; it is a most fruitful one
1t was with good reason, l think, that the
late JUDI Biddle of Philadelphia said to
me once when we We're discussing this
subject:
high crime after due process of law, seems
to be the only way of taking life to winch
the average American has any Objection:
British Administration of Justice.
The principal courts having criminal Ju-
risdiction in England, according to the
Statesmens Year Book, ARE the petty SEES
sional courts, the general or quarter ses-
sions, the courts of oyer and termlner ana
iail delivery, more popularity known as
assizes, and the central criminal court.
Two or more justices of the peace sitting
in petty seasonal court house the lord
mayor or any alderman of the city of Lon
DON or any metropolitan or borough ponce
magistrate or other stipendiary magistrate
sitting in a court house, constitute a petty
seasonal court. The courts of quarter SEES
sions are held four times year by the
justices of the county. Similar courts can
be held at other times, and are then called
general sessions. Two justices constitute a
court, but usually larger number attend
Certain boroughs have court of quarter
sessions, with similar jurisdiction to the
county justices in quarter sessions assem-
bled, in which the recorder of the borough
is the judge. The assizes courts are held
four times a year in various towns through
out the country by commissioners noml-
mated by the crown. These commissioners
are generally judges of the kings bench
division of the high court of justice, but
sometimes king S counsel or goou StanoihS
are appointed.
The trial takes place before a single
commissioner. The criminal central court
Is the court of oyer and terminer and jail
delivery for the city of London and a large
surrounding district. The sessions of this
court are held at least twelve times year,
and more often if necessary. The recorder
and common sergeant, and, If the number
Of prisoners make it necessary, the judge
of the city of London court, sit on the first
two days, after which they are Joined by
the judges of the high court on the rota
for whom the more serious cases are re-
served.
"A petty seasonal court deals summarily
with minor offenses. Cases of more seri-
Gus nature usually investigated by
petty seasonal court before being tried at
the sessions assiZes. To every sessions
assiZes. and to every sitting of the central
criminal court the sheriff cites twenty-four
of the chief inhabitants of the district, OF |
whom not less than twelve and not more
than twenty-three are sworn, and consti-
tute a grand jury. The grand jury exam
cused person, hears the evidence of wit
nesses for the prosecution, and If they
think prima facie case for trial is made
out they indorse the bill "a true bill All
criminal trials except those which come
before a court of summary jurisdiction.
take place before judge and a petty jury
of twelve men. Except upon some highly
technical point of procedure there is APP
peal in criminal cases. No be
tried again for the same crime after having
been found not guilty by a petty jury.
On a conviction a judge can if he thinks
fit reserve a question of law (but not of
facD for the court of crown cases reserved.
This court is formed by five or more judges
of the high court. and can reverse amend
or affirm the Judgment. The only other
method of securing "a revision of the sem
tence is by the royal prerogative, exercised
on the advice of the home secretary, by
which a sentence can be modified or an
nulled. Nominally all the judges are APP
pointed by the king, but in practice the lord
chancellor (who is a cabinet minister, ex-
officio president Of the house Of lords and
goes out with the ministry and the lord
chief justice are appointed On the recon-
mendation of the prime minister, and all
the other judges the recommendation
of the lord chancellor"
Whatever the British criminal code and
procedure may be, 1t is lamentable fact
that there are several times as many MUIR
ders in the city of Chicago as there are in |
London every year, and more men were
hung in the District of Columbia for that
crime last year than in the city of Lon
don. Notwithstanding the enormous pop
ulation, the poverty and the distress of |
London, homicide is not frequent as in
several of the larger cities of the United
isr hc