The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1906-04-13
Judge C. F. Amidon Delivers a
Vigorous Address.
LARGE INCREASE IN CRIME
ATTORNEYS Can Correct Evils Which
Exist if They Only Set Them
selves About Task.

its annual meeting in the city hall, Min
neapolis, on Tuesday, with a larger at
tendance than usual and notably in.
creased enthusiasm.
The committee of which Rome r.
Brown, a Minneapolis attorney, is chair
man, reported that it had been success
ful in obtaining the next session of the
american Bar association for Minnesota
md that this meeting would be held in
ST. Paul.
In consideration of his services in this
egard, the state association elected Mr..
Brown as president.
Mr.. Brown was born in Vermont in
1862, graduated from Harvard in 1884
md settled in Minneapolis, where he has
been in. practice for Is years. He has
been the attorney for number of the
argest interests in the city, winning
Ugh place in his profession.
The most interesting feature of the
.erday was the address of the guest of
he day, Judge Charles F. Amidon, a
United States district court Judge, who
spoke on the failure of the American
riminal law.
"We have long ago." he said, pass.
ID the point where it is possible to con-
vict an innocent man, and the question
is today whether it is possible to con-
Wet guilty man.
"The administration of criminal law
las broken down. 1t is an unavoidable
machine True we convict men and send
them to the penitentiary, but if the
focused has money to hire counsel, or,
rs we say, to make fight, he can es
APE. The case can be enmeshed in
such a mass of nicalities-becloud
ing the issue and confusing the minds
If the jurors-as to result in miscar-
rage of justice"
Judge Amidon's theme was the curse
Of the granting of new trials on mere
technical errors, without thought as
to the merits of the case, as it is prac-
;ical in this country, and its effect on
the national respect for law and order.
He compared the American law on this
we might take lesson from the prac-
| tees of the mother country.
The records in the United States
show, said the speaker, that 60 per cent
If all cases tried in our courts are APP
pealed, and that in as per cent of these
| new trials are granted. This he charac-
erized as the capital vice of American
| law; its uncertainty, its instability of
administration; its frequent retrials of
! the same causes"
In England things are different. In
only 3h per cent of the cases tried are
| new trials granted. The difference is ac-
| counted for by the laws in the two
countries governing the granting of new
trials, explained Judge Amidon. In the
| United States the law is built upon this
doctrine, that where error is found pref
udice is to be presumed. The only thing
necessary for the lawyer to show to get
his retrial is mere technical error in the
| record.
| In England, on the other hand, the
court of appeal looks to the merits of
the controversy and pays no attention
whatever to mere error. The question
| asked and determined is not is there
error in the trial, but is the judgment
| just. If it is found to be just it is let
alone.
"The inevitable effect of our doctrine
of law that where error is found preiu-
lice is to be presumed, is to put every
/ lawyer on quest for errors" said the
Judge. at inspires two motives in every
lawyer engaged in the trial of the cause,
to get victory if he can, but under no
circumstances to fail to get error in the
| record
"Nor is the effect of this doctrine on
the trial judge any better than on the
attorney" said the speaker. INSTEAD of
having his mind fixed on the main point
| in the case as he should, he is distracted
by the number of petty points"
The reign of disregard and lack of re-
spect for the law among all classes, rich
and poor, high and low, which is curse
in this country today, Judge Amidon
| charged to the doctrine of new trials as
practiced here.
"What are we going to do about it ?"
| asked the speaker. at is surely possible
to effect some remedy. Some have sug-
yested the doing away with the right of
appeal entirely, but this does not seem
wise or necessary, nor would it be pos
sible But it would be possible to make
the law this; that when person has
been tried by a jury and found guilty
| that verdict shall not be set aside ex-
eept for errors that go to the very is
sues in the case.
Something ought to be done by the