The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1905-06-29
Responsible fer the Great In
crease in Capital Crime.
so SAYS SECRETARY TAFT
Head of War Department Addresses
Law Class cf Harvard Uni
versity Along Lines
Of Jurisprudence.

William II. Taft, secretary of war,
delivered the address to the Yale law
school graduating class at New Ea-
zen, Conn, Monday On The Admins
tration of Criminal Law" Defending
the policy Of refusing trial by jury to
tie Filipinos, Mr.. Taft said that trial
~ jury had come to be regarded as a
fetish to such an extent that state leg
s!atures lave exalted the power Of
ne jury ard diminished the power OF
the court. The result of this, Mr..
Taft pointed out, was great increase
in crime of the felony class. The
administration of criminal law in the
states Mr.. Taft declared to be a dis
grace to our civilization. He hardly
thought it encouraged Us to think it
wise to introduce a system of jury
trial in the Philippines. Mr.. Taft
suggested as remedies the restriction
Of the right of appeal and giving the
Judges power to comment on the evi-
dence and express their opinion to
the jury On the facts. Mr.. Taft said,
in part:
81 grie;e for my country. to say
that the administration of criminal
law in all the states Of the union
(there 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 for
laxity in the enforcement Of law.
"The institution of trial bv jury
has come to be regarded fetish to
such an extent that state legislatures
have exalted the power Of jury and
diminished the power of the court in
the hearing Of criminal cases.
3'The function Of the Judge IS limit
ed to that Of moderator in religions
assembly. The counsel for the de-
fense, relying on the diminished pow
cr of the court, creates by dramatic
ort and by harping On the Importance
of unimportant details, false atmcs-
1here in the court room which the
Judge is rowerless to dispel and un-
her the hypnotic influence of which
the counsel is able to lead the jurors
to vote as jurors for a verdict which
after all the excitement Of the trial
has passed away, they are unable
to support as men.
"And now what has been the re-
suit in this country? Since 1885 in the
United States there have been 131,951
murders and homicides, and there
have been 2,236 executions. In 1888
the number of murders was 1908 In
1904 it had increased to S,482. The
number of executions in 1885 was
10S. In 1904 the number was 11G.
This startling increase in the num-
Der Of murders and homicides as
compared with the number of execu-
t1onS tells the story.
"Our country is dsgusted by the
number OF lynchings that occur both
in the north and south, and excuses
are sought for the horid and fiendish
cruelties rerpetrated by mobs in such
cases in some other cause than the
delays of justice. Instances are cited
of where the mob has executed men
whom they had every reason to be-
lieve were to be justly punished un.
der the law, to show that an i'm.
provement in the criminal procedure
would not prevent lynchings Bu.
every man of affairs who has studied
the subject at all knows that if men
who commit crime were promptly ar
rested and convicted there would be
no mob for the purpose Of lynching
Nothing but a radical improvement
n every administration Of criminal
law will prevent the growth in the
rumber If lynchings in the United
States that bring the blush Of shame
to every lover Of his country"