The Semi-weekly leader., 1906-03-28
THE BAR ARRAIGNED.

In the famous Boles poisoning
case which was concluded at Quit
man, Clark county, Friday nigh
by the jury returning agerd;cf
of guilty with life-ilRsi5r r;sonment n
Judge Robert Cochran took occa.
SION TO severely arraign boil, iu-
RES &hd bar Of the State Of Mis-
1sissippi, using the following
unmistakable words:
You have rendered the most
merciful verdict you could posi-
bly, have rendered under the evil
dence in this case. The defend
ant is guilty as charged in the
indictment, and ought to have
been hanged by the neck until
dead. The very truth is the ad-
ministration of criminal justice in
this State is a farce and a humbug.
Criminal lawyers representing
defendants have ingrafted techni-
cal shelter and protection in the
criminal Jurisprudence of the
State of Mississippi until the en-
forcement of the criminal law, if
mot impossible, is rendered diff
cult Beyond all reason and common
sense. The bench and the bar
will bear witness that the burden
of the administration of the Grim
inal law in this State is not to en-
force the law, but shield and
protect the defendant, when
charged with a serious crime.
The bar has convinced the people
of its intellectual honesty, but has
failed to convince them that it has
a conscience. The great body of
the people believe that when it
comes to enforcing the criminal
law the bar is without a con-
science. The wisest thinkers in
the Tenth District tell me that
while they sympathize with me in
my effort to enforce the law, !
will fail unless the conscience OF
the bar is aroused. +"
Judge Cochran touches upon
subject which is now attracting
the attention of the people, not
only of this State, but of the
whole country as we'll. 1t is true,
that the criminal law as it is now
written and construed seems to
have been made more for the
protection of the criminal than for
the good of society. In trial
for murder especially, the defend
ant has all the advantage. Every
safeguard is thrown around him;
every precaution is interposed in
his behalf; technicalities and hair
splitting devices are used in bis
favor by shrewd lawyers, with
often successful effect. The
slightest indiscretion on the part
of the District Attorney, the
smallest misconduct by any mem
ber of the jury, is sufficient to
give him a new trial in the event
of an unfavorable verdict. Skill
full lawyers, with all the arts of
the jury manipulation at their fin
gers ends, are often able to secure
the acquittal of a murderer in the
face of absolute proof of his guilt.
Or, if a clean-cut acquittal does
not reward their efforts, at least
they are able to-instill an element
of doubt into the minds of
squeamish jurors so that a mistrial
is the result, or, at the worst, a
verdict of guilty carrying with it
life Imprisonment. Thus, the
lawyers have succeeded in wrest-
ing the law from its primal pur.
pose-that of furnishing the guilty
and protecting society until it
has become an instrument for the
escape of the guilty.
Judge Cochran is himself law
yer of high legal attainments and
great success in his profession.
As such, his severe arralgnment
of the bar of Mississippi in the
Boles case is entitled to the care
full consideration of those who
practice before our courts. Mag
nolia Gazette.
The editor of the Gazette is
lawyer as well as an editor, which
/
gives added weIght to his COM
ments on Judge Cochran's ar
raignment of the bar of the State,
all of which The Leader believes,
from it's own observation of the
way our courts are run, is only
too true. And what Jodge
Cochran and the Gazette editor
say is not all. When, in spite of
all lngrafted technicalities for the
protection of criminals, all sophis-
try, quirks and quibbles by coun-
sci for the defense, red handed
murderer is convicted by jury
with intelligence and conscience,
his lawyers are generally ready on
the instant to extort some admis
sion or statement from member
of the jury on which to hang a
plea for setting the verdict aside;
or, having failed in this and
every other way IN the court be-