Los Angeles herald., 1910-09-11
Jurist Greeted With Applause by CITY Club

/ should be repealed. Under our system
the jury exercises full authority in
matters of fact. This rule contem-
plates a reliance on the jury to COM
petently deal with all the problems of
| evidence. The jury should be left to
| judge, without any special rule of law
to govern them, whether the testi-
mony of the accomplice carries convic-
tion beyond a reasonable douss of the
guilt of the person on trial. This pro
vision requiring the corroboration of
the evidence of an accomplice has fire.
quently completely defeated the vindi-
cation of the law. 1t furnishes perpe-
traitors of the gravest crimes with a
sense of security. The present rule
places a premium on deep criminality.
Crimes that directly tend to under
mine the government have become
alarmingly prevalent. Bribery is a
| common form of offense, and is one
of the most difficult to establish. 1t
strikes at the due exercise of the func-
tions of government. There are too
many fine spun distinctions in this
rule. Our judicial system proceeds on
the theory that the jury can best de-
termine questions of fact. Is it not safe
| to assume that there would be less
bribery if either of the parties could
be convicted on the testimony of the
other?
AAC ISoAAblOhy VI II WlIAlCSo III a
former trial of an indictment or in
| formation should be read to the jury
on behalf of the people on a retrial,
| when the witness is dead or insane or
cannot, after the exercise of due dill
! gence, be found within the state. AS
/ the law now stands, such evidence is
/ available to q defendant, but not to
the people This discrimination against
| the people frequently results in the
disposition of criminal causes other
| than on their merits. Such failure of
1 the law are not compensated by any
/ right of the defendant. Under the
! common law he was entitled to be con-
| fronted with and cross s-examine the
witnesses against him, but this right
is conserved by the opportunity in the
former trial to cross-eXamine the wit
ness.
DIPEACHTNG WITNESSES
1.-The law should be changed SO that
| a witness may be impeached if he has
committed any form of statutory
| crime. AS the law now stands it is
only for a prior conviction of felony.
| This leads to strange experiences.
defendant may be an unregenerate
petty larceny thief, go upon the wit
ness stand, and the fact Of his thievish
propensities ignored.
"There should be a modification OF
the law covering exemptions from jury
service The exempted classes should
be limited to clergymen, doctors, drug
gists and lawyers. Under the present
law a large class of citizens escape this
duty. The holder of stock in cor
poration, or any other form of interest
in property, whether standing in his
own name or assessed indirectly to
him, should render the individual a
qualified Juror, so far as the property
qualification is concerned.
GdCantiOu Q06 oF fhn TanaI code should
be restored to its former state AS
it now stands the copy of the testi-
mony must be given to the defendant.
This rule has added to the burden of
the people, tends to further complicate
the administration of justice, and 1t
does not represent any substantial re-
quirement of the defendant. The
charge affects the underlying purpose
of a grand jury and impairS Its eff
ficacy.
Law OF CONTEMPT
"The law Of contempt OF court should
be amended. The summary punish
ment provided by law is limited to five
days imprisonment and $500 fine. No
| matter what form Of contempt of court
may be committed this is the limit of
summary punishment. think 1t should
be within the power OF the court to
summarily punish to the extent of six
court committed by witnesses who re-
fuse to testify should constitute
conventional crime unless statutory
ground Is invoked, and on conviction
thereof the contumacious witness
should be liable to punishment to the
extent of one-half the punishment
which the charge on trial calls for.
The penal code provides for punish
ment Of criminal contempts as crimes. |
This punishment is limited to six
months imprisonment and $500 fine. In
these cases there must be conven-
tional prosecution like that of any
crime.
"The Penal Code should be amended
so as to do away with the testing by
habeas corpus of the suff1ciency of
the evidence before the committing |
magistrate After q defendant is held
by a committing magistrate aD1ury
should be sworn to pass upon all ques-
tions of evidence. If the criminal pro-
cedure is reformed the hearing would
be expeditiously held The general
principle that questions of evidence
should only be decided by jury on
a trial of the merits of the charge |
should apply in every case. Justice is
likely to suffer when 1t is attempted
to decide questions of fact in any
other way.
CORRUPTING OPINION
"a law should be passed making it
crime for any newspaper for gain or
hire to corrupt public opinion. The
right to freely speak, write and pub
lish his sentiments on all subjects is
one of the dearest rights of the citizen, |
but every citizen should be held re-
sponsible for the abuse of the right. |
The liberty of the press should be pre- |
served The honest press stands as a |
guarantee against any form Of OPP
preston of the individual. The re-
porter representing an honest news |
paper who enters court of Justice is |
a shield against injustice. The news |
paper of today, when honorably con-
Quoted. is a safeguard to human lib
erty, and by it's activities obviates, In
my Judgment, many Of the rules of the |
past which are so slavishly followed in |
the forms of law. But newspaper |
should not be permitted to corrupt |
public opinion. We have laws dealing |
with morals, sanitation and other sub |
jects affecting the moral and physical |
health of the state. The public |
should likewise be protected against |
newspapers which undertake to corrupt |
public opinion for gain or hire. If this
form of degrading enterprise is to be
tolerated neither the government nor
the Individual is safe. The former de-
pends upon an enlightened public |
opinion for the realization Of his high |
objects. The latter is as much entitled |
to his peace of mind as to his lifn and |
the law should protect him accordingly
The constution declares:
"'All men are by nature free and in
dependent, and have certain inalienable