The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1910-04-15

80 taH-I NNNNH W - 80 - N-||H
tie question Of fact having ben tst1r-
mined by TIE jugy. The ease then
comes up fog ro-triai % both ths gnss-
ton q law and facts. u ths mean
time, many q the witnesses - Whom
The facts Wers established have died, o.
moved away, o. have forgotten.
''Ehe proposed nuendmsnts also Pro.
vidod that no writ az error rotuFnable
70 the Supreme Court shall Be Issued n
any criminal ease. ualess justice Of
the Supreme Court shall certify that
there 4 probable cause TO believe that
the defendant was uniustly convicted.
II Florida the law provides b both civ
q and criminal cases that WFits q err
roE or appeals shall issue asa matter
Of right. The Supreme Court Of Flori-
a has held that 'thsrs h not now, and
has never bean, any limitation Of time
within which Wdts Of error to this
court from Judgments Of the Circuit
Court can be sued out n criminal
cases.
"Under our laws, Il en- attorney %
desires, e Il almost impossible 10 90
cure FINAL Judgment under seven %
eight months from the date Of the con
vietiOn. In ease Of . death sentence,
ell that Is necessary is Coz the attorney
to take exceptions. Exceptions bang
over-rulod, 90 days are allowed IA which
70 prepare q writ Of error. AZ the end
Of 60 days, no writ Of error Is sued out.
The Governor issues the death warrant,
rsturnable within q reasonable time,
say three or four weeks. Just before
the date Of execution, q writ OF error
is sued out 60 q matter Of right. "
This writ Il returnable % the Su-
pFsms Court ct Zee next term unless
the frst day Of the said term shall be
loss than 30 days from the date Of tha
writ, when Il shall be r0turnablo b .
day IN said next succeeding term, more
than 80 days and not more than 50 days
from the date Of the writ. Than the
Attorney General has 80 days IN which
b make reply. Then the attorney fog
defendant has 20 days. II the supreme
Court IL ready 70 hear the case &c once,
e thus takes or 8 mOnths &c the short
Ost time 70 hear any such easo. Sup
pose tho writ 81 error is taken out at
the beginning Of q term, retuEnsble 70
the neat term, six months distant. It
thus appears that fully IL or u months
are necessary Ia order 10 hear the case.
In the event the case should be rever-
sed on q point Of law, By the time the
case IL again tried, the witnesses who
have testified 90 10 facts have died or
moved away or have forgotten. The
facts In the case, as well as the Law,
are ct issue IN the next trial Then,
according to "due process Of law" not
on account Of the real merits Of the
case, but Cor some error FOR which the
attorney Is responsible, another long
drawn out trial 10 obtained iuvOlving
not only questions Of fact but questions
Of law. II verdict Of guilty Il again
obtained, Il goes before the Supreme
Court again. Can you wonder that on
account Of due process Of law Judge
Lynch acts without due process Of
law"
In addition to United States Judge
Amidou and the American Bar Assoeia-
ton, Governor Gilchrist quoted from
the last message Of Governor Hughes,
Of New York, 10 the Legislature Of
that State, and President Taft's mes
sage 70 Congress last December, urging
the necessity Of simplifying the proceed
ure Of the courts 90 as 10 reduce the
Importance Of teehnicalIties IN htiga-
ton and 10 facilitate the speedy dispo-
sition Of cases upon their merits, q re-
fern which President Taft calls ''the
greatest need Of our American institu-
tons.
The GovarnOr also quoted strong ox-
pressions from the late Justice Brewer,
Of the United States Supreme Court,
and Of Hon. AndrsW D. White, first
president Of Cornell University, and
formerly Ambassador 20 Germany.
pointing OUT the urgent need for these
reforms n court procedure.
Governor GiIchrist earnestly asserted
that no public service could result IN
greater Vnlne 70 All az the peeDla than