Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-07-29

New Jersey judge makes the following comments
on Judge Tafts speech concerning the jury this
country. lie says:
= agree with your paper that The iuries IN criminal
cases IN this country should not be abolished at
during the present time The morality OF the jury hox
shout the same the morality Of the public large and
stll have faith that the morality Of the public az large
s such that u cases clearly presented properly
tried there n trouble about the jury coming 10 right
eons verdict The trouble Is In the procedure aad criminal
procedure IN this country has become kissing and by
word The protection thrown around defendant IN the
way Of absurd challenges to ymen IN the way Of excep
ons To- rulings evidence the charge OF the
court IN the way Of appeal and o all the tendency
Of upper orler new trials who're single mis-
take has been made in tho court below have made the
prosecution Of Grim nails sani1ry The trouble IA
not with the jury lut with the procedure New Jersey
10 celebrated Tor I'd administration Of the criminal law
Il Is us AZ much unsatisfactory here AZ In many Of the
other states IN the union.
In The nrst place the statutes exempt from fury duty
physicians druggists members OF the national guard per
sons over % and ohors that DO not just recall
which "a process by which many Of those competent 20
serve are eliminated Challenges by the defendant NAV bo
made for all sorts Of and for no reason AZ ALA
further process ~ elimination OF the best men ANY slight
material error made by the trial Judge IN the admission or
rejection Of evidence which nine times out OF ten baa no
Influence upon the result brings about the reversal by
the court above The year or two afterward Is SOM
back for trial. when the Witnessed are either dead or
departed Tho thing has become stale ana conviction inn
possible. The lawyer for the defendant can have the case
reviewed by taking general exception 10 the charge in
inc court ana any material error az an Is found the
case "a reversed and sent back for new trial Counsel
for hc defendant can have tho reviewed Ia this way
upon any exception. while the prosecutor has no appeal
The court oennes unoonaoousy resolves ali doubts In
aiof OF ihe defendant the admission or rejection of
evidence ana in bis charge for fear being reversed b
the court above
I'm homicide IN Now Jersey even the ospcnses
or review ere paid by the county upon the application
4" me defendant When the jury has convicted the prs
ene ana the wri Of o. taken out 70 review tho ease
inc defendant may be admitted to bail except Ia homicide
eases ana n 90 liberty until the court above arms the
conviction below. When the convicted one has money
enonsh 90 have he case reviewed Gin less than
mledc BIS chances are good 70 escape entirely AZ Mr.
Tar says the adminatrauan Of criminal Law IL Great
britain 10 much better than There there are no ap
peas allowed from the trial IN the first court unless the
Judge presiding shall deem certain questions OF law OF
sum>ent Importance to be reviewed In the United states
similar method should be adopted There should be an
apa ana " the court above then finds that substantial
Justice has been done there should be an affirmation Of
mo verdict below. There anould be speedy review OF an
criminal eases ana every convicted should be
admitted 20 bail and should be- IN custody until bis case
% disposed o. by the above"