The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-03-30
in THE WAY
OF CONNECTING CRIMINALS

Memphis News Scimitar Let us
look into the chances of punishment
for a criminal
Say man deliberately makes UP his
mind to commit arson or burglary. or
embezzlement, Or even the over shad :
owing crime of murder.
We shall assume that the deliberate
criminal has money, friends and social
position.
First and foremost, he must be in
dicted.
After that there must be a time set
for the trial Shrewd lawyers can
bring. in most instances. powerful rea-
sons for delay.
The criminal has the advantage of
death possibilities in his favor. Wit
nesses for the state may be called to
another world, or they may be spirited
away, or they may be trained to swear
falsely.
But after the trial is on come other
elements of saftey to the criminal.
There may be a Judge who has his
friendships or is susceptible ito preju-
dices or biases for social or political
reasons.
If the case is a notable one the jury
laws of Tennessee are all in favor OF
the criminal He has an unlimited
number of challenges for cause. These
challenges, with a presiding Judge OF
tender heart or emotional nature, may
go on forever. Then he has a prepond
erance of peremptory challenges over
the state.
re Ala cInr1y re tbe nnyrt ov the
sheriff, or the bailiff desire, either, OF
them, or all, may be of greatest bene-
fit to the defense in the venire process
Most men lean to mercy. fact
which always makes a jury favorable
to the prisoner.
The Judge charges the jury that the
defendant. we shall call him hereafter
must be clearly proven guilty; that
beyond any reasonable doubt his guilt
must be established.
If corruption is invoked 1t Is always
by the defense.
The defendant will expend lavishly
to secure the best lawyers, some Of
whom. may not be above conduct which
is itself. If not criminal, so near akin
to 1t as to be clearly disreputable.
The state, as a rule, must rely upon
it's regularly hired officials, or other
lawyers who, from sense of outrage
over the crime committed, may vol
unteer.
1t goes without saying that the pros
ecution must fail absolutely fiat unless
the states attorney be earnest ant
wide-awalxe, active and fearless.
After the jury has been empanelec
and the witnesses examined and the
arguments concluded and the charge
of the court delivered, the state, tc
secure a conviction, must convinct
twelve of the dozen jurymen; the de-
PENDANTS attorneys, to secure new
trial or practically, In most cases, ar
acquittal or perpetual release, NEED
convince but one of the dozen.
Let us assume that there is convic.
ton in the trial court.
Then comes the petition for q. new
| trial All sorts of errors are urged 81
counsel for the defense, and eloquenct
is invoked to make convincing appea
Ito the judge. The latter, If he errs
always arrs on the side Of mercy
Counsel for the defense may be abs
to move the heart OF justice where thu
i same GOQlGCl WCIC AAA2RAC 1880 $500
to convince a single juryman.
But again, as in the former IN
stance. let us assume that the Judg'
lis so thoroughly encased in the STUB
bornness Of integrity, or. SO emphati
/ cally convinced that a fair trial hal
been given, or-no contempt intendes
SO timorous Of public indignation, !
he reverses himself, that the petitoi
for d new trial fails.
The next step is an appeal to tn
highest court in Tennessee we call
the supreme court.
We assume that this court Is honest
that it is unprecedented, unbiased tina
in its sacred chamber justice is Sc
curely blindfolded, and that MI
Dooley's observation of Mr.. Hennesse,
lis false that Judges, like other people
i read the election returns.
Huge ponderous briefs are fled an
lcounter-filed, to use an expression
which. though it may explain. IL no
strictly legal.
| Again counsel turn loose foods .
elouuence.
Every possible technicality known {
the courts since the days Of Blackston
and Kent Ia cited and invoked
Precedents from the remotest dis
i tricts Of judicial procedure are force
Into play, and made the basis Of siren
uous argument.
There are many absurditieE connect
ed with the dealings OF high court
with technicaIities and precedents- IN
learned big wigs Of The law who =