The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1906-06-23

UlOuS W lcSGlulOIy dTc ulSCOuIdSSu,
rarely argued, and almost never made
the subject Of exception. The teSti-
mony is confined to the exact point at
issue. Mere oratory is at a discount.
New trials are rarely granted.
"A criminal trial especially is a Seri-
Gus business. since In case Of a verdict
of guilty, it is all up with the defend
ant, and nothing can save him from
punishment but a pardon from the
Crown. The result is that homicideS
are infrequent, and offenders rarely
escape punishment for their crimes"
Again adverting to the courts of
the United States, the learned judge
says:
1.-THE delays in bringing cases to
trial, which are s. frequently the
cause of complaint in this country,
are serious enough; but the delays
which vex the soul, weary the patience
and deplete the pockets of litigantS
and Taxpayers, are those which take
place after the case is called for trial.
Take the impaneling of the jury,
for instance. l recall a case in Chi
cago not long ago where a month was
spent in impaneling a jury. Think of
taking a month or six weeks for this,
and the practice of making each pro-
posed juror give a history of his life
and his opinions upon every conceiva-
BILE subject for the apparent purpose
of delaying the ground, not for a
challenge for cause, but for a peremp-
tory challenge. When l was a judge
in the court of original jurisdiction,
in all of fifteen years time l do not
think | ever spent more than two or
three hours in impaneling a jury.
And then, when a case finally
comes to trial, the court is hedged in
by all sorts of restrictions, all of
which are designed to delay procedure
and in the interest of the criminal.
The criminal judge is getting to be
more and more simply a presiding Of
fcer, with none of the freedom that
ought to characterize his position. In
Texas, | believe, the judge is requir-
ed to charge the jury on every single
point in the case, and a lawyer may
sit by without calling attention to
any omission, and then, if his client
is convicted, move for a new trial or
appeal because something was left
out.
I'm Illinois, Mississippi and some
other states, as | recall. the judge can
only charge the jury on points to
which the attorney requests atten-
ton. If he goes farther there is
ground for appeal. The judge should
be left free to exercise his discretion
to be really a judge, and aid in ad-
ministering justice as his judicial
mind views the case, and not be a
mere autOmatOn.
Again, there arises the question
of indictments. Now, when a man is
indicted for any crime he knows what
it is that he is indicted for. Yet he
may make no demurrer to an indict-
ment-make no effort to quash it
but after he has been convicted he
may put in a plea that he was not Of
ticially informed as to the crime for
which he was indicted, and the basis
is laid for appeal, delay and a new
trial. AS delay goes on popular feel
ing for prosecution languiSheS, and by
sheer firing out of everybody concern
ed the criminal who should have been
speedily prosecuted, and who would
be if facts, and not technicalitieS, OBJ
tajpo6 OOpc CcOt frpa
In regard to the making Of criminal
he says:
THE legislatures of most of our
states are composed largely of law
yerS. The aim of these lawyers who
direct the work of legislation, eSpe-
cially with regard to the operation Of
the criminals laws, is not to decrease
litigation, or the business of the
courts in general, but to increase it,
and at the same time they are anxious
to fix matters SO that their clients
may have more show than otherwise.
The list of criminal OffenSeS is not in
SO much as are the laws fixed
as to surround the criminal with
protection and make it more and more
lifficult to convict him."
All, who have given the matter an
eriouS thought, know that what
Judge Brown says is only too true.
Mississippi has to her credit twenty
i've hOmicideS for tie month of May.
Remove the kinks and technicalitieS
MT of our criminal statutes and give
he state a square deal and a better
ecOrd will be made. And what will
pply to Mississippi will apply to the
est of the country. Justice Brown
ully answers why criminals SO fire.
uently GO unpublished.
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