The commercial. (Union City, Tenn.) 190?-193?, 1909-09-24
A Singing Indictment.


night, President Taft said:
1T is not too much to say that the ad-
ministration of criminal law in this
country is disgrace to our civilization,
and that the prevalence of crime and
fraud, which here is greater than in
European countries, is due largely to
the failure of the law and it's admins
traitors to bring criminals to justice.
Il am sure that this failure is not due
to corruption Of officials. 1t is not due
to their negligence or laziness, though
of course there may be both in some
cases; but it is chiefly due to the system
against which it is impossible for an
earnest prosecutor and an efficient Judge
to struggle. We inherited our system
of criminal prosecutions and the consti-
tutional provisions for the protection OF
the accused in his trial from England
and her laws. We inherited from her
the jury trial.
"All these limitations and the jury
system still are maintained in England
but they have not interfered with an
effective prosecution of criminals and
their punishment. There has not been
undue delay in English criminal courts.
In this country we have generally al
tered the relation of the Judge to the
Jury. In England the Judge controls
the trial, controls the lawyers, keeps
them to relevant and proper argument,
aids the jury in its consideration of the
facts, not by direction but by suggestion,
and the lawyers in the conduct of the
cases are made to feel that they have
an obligation not only to their clients
but also to the court and to the public
at large not to abuse their office in such
way as unduly to lengthen the trial.
In this country there seems to have
been on the part of all State Legisla-
lures a fear of the Judge and not of the
jury, and the power which he exercises
in an English court has by legislation
been reduced from time to time until
now-and this is especially true in
Western States-he has hardly more
power than the Moderator in religious
assembly. The tendency of legislation
is to throw the reins on the back of the
jury and let them follow their own sweet
will, influenced by all the arts of counse
for the defendant in leading them away
from the real points at issue and il
awakening their emotions of pity fol
the defendant in forgetfulness of The
wrongs of the prosecuting witness, or i
may be of the deceased, and of the right.
of society to be protected against crime
and all these defects are emphasized il
the delays which occur in the trials
delays made necessary because the trials
take so great time. A murder case IL
i England will be disposed of in day o.
two days that here will take three weeks
or month, and no one can say, afte
an examination of the record in Eng
land, that the rights of the defendan
have not been preserved and that iustic,
has not been done.
Counsel are not permitted there t,
mouse through the record to find error
that in the trial seemed OF little &C
count, but that are developed into grea
injustice in the court of appeal. Thi
is another defect of our procedure. N
criminal is content with judgment o
the court below, and well he may no
be. because the record of reversals is s.
great as to encourage it in every cas-
and to hang up important judgment
! in appellate proceedings sometimes TO
years. :"
This indictment of our system, 0
lack of system, of criminal iurispru
dence is so true and so convincing-be
cause of common knowledge-that com
ment is unnecessary The President
Indictment covers every State in tn
Union, not one can escape. The countr
is certainly disgrace to our civilization
/ But providing the remedy-ah, ther
/ is the rub. This can not be done unit
there is a revolution in public sentimen
that will force the reforms, throug
Legislative action, in the whole system
of criminal administration. -Nashvill
American.
Use Dahnke-W Walker Milling Co. JeI