Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-05-07
The Moktar of Paii

There is good deal In the conten-
ton of the Abbeville Press and Banner
that the judges in this state are in
a measure responsible for the indif-
garded in South Carolina. "The least
understood difficulty Of convicting
murderers," says our contemporary, lis
to be found in the easy bail which is
granted to everybody no matter how
aggravating the crime. Until judges
refuse to grant bail jurors need not be
expected to convict."-News and
Courier.
This bail matter is a pretty knotty
question.
Theoretically all persons accused of
crime, even though 1t be murder, are
innocent until jury says they are
guilty. That, in effect is law.
1t is not supposed that an accused
person is subject to punishment until
after he has been convicted.
The Imprisonment of accused per-
sons, whether the offense charged be
assault, murder or any other crime is
merely for the purpose of securing
their appearance at the trial. If the
appearance of the defendant can be Sc
cured otherwise, it is not essential
that he be confined in Jail.
A judge would be justified in re-
leasing the most brutal murderer on
straw bond if he had absolute as
surance that such murderer would be
on hand when wanted. He would not
be justified in releasing an accused OF
most doubtful guilt on a bond Of mil
lions if there was reasonable danger
that the accused would run away.
We do not think a judge should be
criticised for releasing any accused
man on bail, unless the accused jumps
his bail, and then the judge would
seem to be a proper subject for i'm
parchment.
Although making these observations
in all candor, we are not unmindful
Of the Press and Banner, there is a
principle, which, though not recog-
nized in the law, seems to compel con-
lsideration.
|
look upon the facts set forth in
habeas corpus proceedings as consti-
tuting a kind of a trial and the deci-
sion of the judge as to bail is gener-
ally taken as indicating the courts
opinion of the gravity Of the offense.
| 1t cannot be denied that the dispo-
sition of habeas corpus proceedings
has it's weight with public opinion
and that is Of very great importance
actually, if not theoretically. Theo-
retically, public opinion is supposed to
have very little to do with the verdict
Of a jury; but actually it often has
everything to do with such verdict.
1t is fact that lawyers frequently
make application for bail for no other
reason than to hold up the order Of
the judge as an evidence that in the
opinion of the court, the crime charged
is really not murder.
As we understand the constitution
of the state, it is doubtful as to
whether a judge has a right to deny
bail to an accused person unless that
Judge has reason to believe that it is
dangerous for that person to be at
large, or that he will run away from
the trial. In this we may be mistak-
en-: but we have no doubt whatever
of the proposition that the action of
the court in the matter is not sup
posed, theoretically at least, to have
any bearing whatever on the merits Of
the question of the guilt or innocence
of the accused.
The remedy, therefore, for the
condition of which the Press and Ban
ner complains is not in the conduct
of the judges; but it is in the educa-
ton of the public to proper concep-
tion of its duty.
If a judge refuses to grant bail, let
the jury consider the evidence at the
trial the same as if the matter of bail
had never been thought Of.
! Also, If the judge grants bail even