Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-04-23

there should have been acquittals; but
far more numerous cases where there
have been acquittals when there should
have been convictions-cases Of acquit-
tails where the judges, the juries, the
attorneys, the defendants and the pub
lie knew that the law and the evidence
called for convictions.
A conviction where there should have
been an acquittal does not do great
deal of harm In the first place, such
cases are extremely rare, and in the
second place they can always be cor
rected. The presiding judge will help,
the lawyers will help, the juries Will
help and the public will help. There
are few instances on record where
such convictions have been allowed to
stand.
But in the case Of an acquittal where
there should have been a conviction,
the effect Is the opposite. Such an ac-
uuittal destroys confidence in the
courts, the most effective safeguards OF
liberty, and the tendency is toward an
archy, especially when there is good
reason to believe that the action OF
the jury is dictated by other than prop
er motives.
1t is a fact, a most gratifying fact,
that Jurors in this section Of the state
are generally not only intelligent, but
also, honest, conscientious, fair and
just. The average York county jury
does what 1t conceives to be right, and
makes but few really harmful mis-
takes.
But there Is an increasing number OF
thoughtful men over the state who are
becoming more and more convinced
of the necessity of strengthening our
courts, to the end that there may be
additional safeguards against miscar-
riages of justice, and those who have
given the matter most study are pref
ty nearly agreed as to the means that
should be adopted.
Circuit judges should be permitted
and required to charge juries as to
facts as we'll as the law, and the su-
preme court should be permitted and
required to review not only the techni-
cal and legal questions In the proce-
dure Of the cases in the court below;
but should have the power to pass on
the right and wrong Of each case on
its merits.
Previous to the constitution OF 1895,
circuit judges were allowed to pass
on the facts in cases before them, and
the responsibility of miscarriages OF
justice then rested as much on judges
as 1t did on juries. Now there Is lit
tie responsibility on the Judges, ex-
cept in declaring the law. The res
possibility is all on the juries, only the
Judge has power to order new trials
in all cases where he thinks mistakes
have been made, except in criminal
cases where there have been acquit-
tails.
The preservation Of liberty demands
the absolute integrity OF the courts.
and the best way to secure this Is by
the acquittal Of all who should be ac-
quilted and the conviction Of all who
should be convicted. Every acquittal
where there should have been con-
viction and every conviction where
there should have been an acquittal
does just that much to weaken conf
dence in the security Of life, property
and the pursuit of happiness, and the
best way to guard against such mis-
takes either one way or the other is to
amend the constitution so as to per-
NIT and require judges to give iuries
their best assistance in reaching just
and proper verdicts.