Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-12-01


can without calling the matter to the
attention of the trial judge or request
ing correction, slip into the clerk IS
Office twenty Or thirty days after the
trial is over and the accused convicted
and file exceptions to particular SEN
fences or propositions of the instruc-
lions to the jury; so long will there
be reversals on these grounds. No
honest judge of the court of review
who considers these exceptions from
the viewpoint of abstract law can
avoid voting for reversal in many
cases.
Constitution Well Enough.
Under our system of criminal pro-
cedure," continued Justice Timlin,
difficulties can be overcome only by
refusing to consider the question alb
stractly and by referring all errors in
the admission or rejection of evidence.
all rulings on the trial and all instruc.
tons to the jury to the case made
against the accused on the evidence
regarding the errors of the trial court
as prejudicial only when the evidence
of guilt is weak Or the evidence nice
ly balanced with respect to guilt or
innocence but not prejudicial when ac-
cording to the best Judgment possible
upon the evidence returned the error
of the trial court did not affect the re-
suit
Taking up other phases of crimi-
nal procedure Justice Timlin ex-
pressed the opinion that he did not ap.
prove that in the case of death or in
capacity of one juror the remainder
of the panel may try the case and re-
turn verdict, arguing that such cases
are extreme and that the calling OF
another jury was not $ serious mis-
carriage. The change would necessi-
ton. Mr.. Timlin said: Don't trifie
with the constitution, Don't fool with
fundamentals. If the constitution is,
to be amended to meet every incon-
venience that may arise it will lose its
stability Others will resort to the
same practices and others who havel
more votes and less scruples may
amend it and not to your liking.
Neither do think there should be-
any change in the power of the trial
judge other than to give him fair play,
not lay traps for him or put the bur
den upon him as at present. / think i
We should permit him free use OIL
the English language including the
ordinary synonyms in which to ex
press his ideas, judging his work notl
by words but by substance"
Radical reform received a rebuff
when, in continuing, Justice Tlml.n
said: Neither do think there should !
be a method of examining the accused
in open court to take the place of the
sweating process or third degree to
which it is intimated the police Of
fcers are now driven. This seems to
look to partial adoption of the judicial
methods of continental Europe. Oul
people would never submit to it. Our
judges would not long preserve their
impartiality. Factions would arise
and sympathy of the public be enlist
ed in favor of the accused and the in
tegrity and impartiality of the court
would be suspected" Justice Timlin
warned against an overthrow of the
courts in reforms.
Expert testimony in trials was de-
fined as the greatest abuse. 1t should
only be permitted at the request of
the accused in the form of opinions
and be submitted not under oath. De
lay was approved in the following
words: Justice has always travelled |
with leaden heel Discussion, DELHI |
Grafton and delay are the necessary
incidents to justice Those who
cannot await for sixty or ninety days
for the trial of an accused which in
wolves his liberty, life or name, are
of the lynch law class" In closing
the justice said:
Il am in sympathy with the move
ment to improve the administration OF
the criminal law. But | think wei
must remember that every innova-I
tlOu Is not improvements. ludt IL IL |
better to bear the ills we have than
fly to others We know not of. Every
change in the administration of the
criminal law must come very slowl. |
and upon the lines of the American
idea of liberty. and be governed as
nearly as possible by legal rules and
not wholly by judicial discretion.
think the principal difficulty now lies
in the manner of procedure before
mentioned and in the use of exper
testimony. With these objections re
moved see no reason why the inno-
cent should not be tried and acquitted
and the guilty tried and convicted
within such reasonable time as due
preparation for trial would require
The number of reversals woul6
Gwindle INTO insignificance and no
guilty man would escape except that
guilty man who according TO the vde
fssS, ss,,sl xx-o,11d 1,npllniC hhf