The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-07-27
COURTS WOULD GAIN
CONFIDENCE ANG RESPECT
Lawyers Would Be Compelled
TO Try Their Gases Upon
Actual Merits

"a ~
''7i''i''. '"'s' ii1'i'' ~ ~ ''''''''
lof tho criminal court Of appeals. IA ln
opinion handed down this afternoon
dop,,iro . ,,or,on r,a r.h,.,ri,,,, il,
ne ''S- oi H. y. h1' rs w. 'lle 91','
| in which the court aflirma the fifteen
| year sentence imposed by THE dis
'rict cou,t of kioNa county upon the
| defendant for killing of his Wife by
shooting her while i'm bed lays down
| am important precedent i'm the trial
lf criminal clsas In tine Okiahuma
courts Or the harmless error doe
rine, and in which he repeats in en-
| phltic words Che rule That the court
win NOS reverse causes on technical
cr-ors.
The motion for rohcaring WA
| Inlod on the ground fhaf The 'owc1
court Improperly admitted as eyiD,nce
! The opinions of physicians that TIE
fatal wound was NOT selfinfictcd TN
court Of appcals comedies this 10 b.
true. bat holds that other evidence in
! the record was $50 conclusive us @ the
quilt Of Che defendant THAT The error
complained of was harmless.
Lawyers, Take Notice
In discussing the harmless crror
Doctrine Judge Fumm i'm his opinion
'ays
"Thc enforcement of thc doctrine
1f harmless crrp' in Oklahoma will
greatly improve the character Of our
criminal tials. Lawyers viii be com
pellei 10 try their eases upon thcil
lctuM merits, and will cease devotIne
so much time in attempting 10 force
lcchnicai errors into the record. The
needles waste of such valuable tlmt
md the expenditure of a great deal o.
money nill be saved and far better re
suits witt be reached i'm the admins
ration OF justice and the courts viii
gain ms confidence and respect OF
the people and acts OF mob violence
will cease to disgrace our state.
"Wc arc very sure That if the peo
ole had implicit confidence in the
courts to speedily enforce the law up
on the merits Of each ease, there
would be no lynching in this state.
"The reversal of the just convlc
lions of the guilty. upon purely tech
meal questions Is the primo cause o.
want Of confidence in the courts9 This
want of conf ence often results II
mob violence ON the part OF Ions
sufforipe and outraged public w
have the hiehcs possible authority
r0r This statement. fer we are TOLD
I'm the Ribla that
.pecause sentence against an cW
wo-k Il nor executed speedily. there
fore tleh carts of the sons of mel
fully SET i'm them to do evil
"Tn ulhlir address delivered q
rttaca Now York Hon. Andrew I
White makes fhis startling but truth
IN stefanont
. .vybtle tbo unmber of murder.
i radll, increasing the proccdur,
,..,i,et th.m a. Incoming more am.
.norn ineffective and i'm the light O
,rno,,. cseos ~ Nv York anl else
,.tarn = eoon ~ be a fa~ce
.ona. ~ tba worst results of thes
,.o. Il ho orowfnp oninion anon.
- lo,oo tbat mon will
XXX ~ doio, inefico Inv ovar
10 - Linen, tb.t tbere Il VII
.ois ~ -,,,.,t,. ,.,,,.i fro,a ,nnist mont fo
tu'' li.l'. iiili''','iies ~, ,a. - ;,
..,l =. - ,4,s4aLi, 60 oni,ion
S>i'o'''S' y" ''''J H. rnrman i'm Al
,,.ra.t, orinion touchinp upon @.
- -. Nv 80 he onfnrrcn,ent act
eil ph"'c ~ ,..l' ,,, - thn co,nt
en- ,'.,','.''tl,,,i,' ,'',''' ,s,t,t, fb
eo'l' " 10 ,,,.','re ~ c,s1a III
Z tti,c VI J. ~. D'bi" a." - :