The Washington herald., 1910-04-17
DECISIONS OF OUR COURTS.
Which Led Mr.. Taft 10 Dennupce the
Administration Of Criminal Law.

Administration Of Criminal law.
From The Dallas Tmes-Herald
In an article entitled some Follss IN
Our Criminal Procedure" in Mcclure
Magazine for April, Charles B. Brewer
gives some OF the examples which lel
President Taft 10 declare that the sd.
minisiration Of the criminal law is a
disgrace 10 civilization" Here are 2
number OF cases where convictions were
upset by supreme courts. and why.
Because the stolen shoes we're no, .
par, as charged in the indictment ,The
thief in his haste. had picked Up two
Hghts-) sd Harring Del, p. E9l
Because one member Of firm OF three
names from whom goods had been stolen
was dead. and the indictment had named
all three gl9 s. ". Reporter. p. s6s)
Because the indictment had charged ths
burglar with intent to commit --theft'
instead OF intent 10 commit a felony. %
COS $. ". Reporter. p. 37.D
Because the Indictment charged t1o,
the thief had entered the house OF one
Wyatt with intent TO steal from him.
and the. defense was able to prove that
Lamb also occupied the house. and il
was Lambs property the thief was look
ing for. dC S. ". Reporter. .. 500
Because the accused had been indicted
for attempting 10 murder Kamegay in
stead Of kornegay. the real name. Jos
;. W Reporter. p. 500
Because the murdered mans name was
Patrick E'irvrlasvf-Iy
Patrick, as charged. cd Cal Reporter.
p. 357D
because the indictment named a specI-
nc though correct date. instead OF saw
ing "on or about a certain date PA.
lower court, Montgomery County. 1861
Because the lower court had failed 10
advise the jury that the thief had stolen
the goods 'feloniously" or with criminal
intent $50 Mon Reporter. p. S2al
Because the indictment had not stated
that a blackjack designed especially
FOR cracking skulls was a dangerous
or deadly weapon. go $. Z. Reporter.
D. 1872
President Taft is lawyer. President
TAFT has been a judge. President Tat
knows the ins and outs Of the legal
game and he is the man 10 lead a cru
SADIE against technicalities Mr.. Brewer
gives certain examples OF the laws de-
lays.
The Iroquois Theater fire in Chicago.
December 80. 1904. as many will remem-
Der. resulted in the loss of nearly go
lives The proprietor OF the theater
was indicted two months after the fire.
The indictment was considered by the
judge for three months. then quashed.
a year passed. and In March. 1905 a
new indictment was drawn. The Judge
considered it for seven months. Fin
ally. in March, 1907, over three years after
the fire, the case came TO trial The &C
cused was acquitted. Not because the
defendant might not he morally guilty"
as the judge expressed il. but he was
not legally guilty. because the Indictment
had been framed on building ordinances,
and the ordinances were defective"-not
the indictment itself this time, it may
be noted
Delay in impaneling the jury which is
becoming more and more IN order. is in
stanced by two recent Chicago cases.
In the first. known as the Gnhooley case,
nine and half weeks were consumed,
and Also talesmen were examined at a
cost to the State Of about $4,000
The second case. known as the Shea
case. required thirteen weeks for the
calling Of 10000 men and examining AIS
talesmen, and this at a cost Of $4,000.
After this we'll chosen jury was selected
at such lavish expenditure. there was a
second trial, and the selection of the
jury was modestly confined to twelve
days.