Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1911-01-26

and reprOach."
This statement was made BY Burr
w. Jones Of Madison, Wis, In MS adj
dress on "The Maladministratiou Of
justice in Homicide Cases." before
the recent meeting Of the Kansas
State Bar association. The speech
was delivered at the supreme court
rooms in the state house. He also
said that a jurors having read news
paper accounts Of q case or having
formed an opinion should not dis
qualify him from serving. Through
out his talk he pleaded for quicker
legal process, citing the Crippen case
az an example Of British quick
methods.
His speech in part follows
"If we would rescue our criminal
procedure from the odium too often
laid at it's door, we must place a
eomewhat higher estimate upon the
character and intelligence Of those
who serve as jurors. There is NO
reason that the religious or politi-
cal beliefs of jurors should be
dragged into public view. There
should be no disqualification that
a Juror had read the newspapers or
hag formed opinions II he is at the
time OF trial competent to render an
impartial verdict.
1.-THE police Of London believed
that one DR.. Crippen had murdered
his wife about February /, 1910
His flight prevented his Being
brought to trial until October. The
argument of counsel lasted only q
few hours. The trial lasted about
three days and only three jurors
were challenged by the defense.
He was sentenced to be hanged ON
November 8. He had his appeal
and the conviction was affirmed and
ON November 20 he paid the penalty
Of his crime, three months and TWEEN
ty-two days after his arrest.
Probably II this case had been
tried in New York or Chicago. in
view of the worldwide interest 1t
had created hundreds Of Jurors wound
have been subjected to the ordeal
of examination, arguments on mat
tiers Of evidence would have lasted for
a week, and a month or several
months would have been consumed in
the trial, and then the long struggle
would have Just commenced.
II am aware that there are those
who will insist that the poor wretch
was rallroaded to the gallows, and
that those accused Of murder have
scant chance for justice in the Eng
lish courts.
"But 1t is significant that the
young woman who fled with him to
America, Ethel Leneve, and who was
indicted as an accessory after the
fact, was also tried, and after a trial
Of a few hours was acquitted.
1T is undoubtedly good ground
for criticism Of our modes Of admin
istering the criminal law that pun
ishment Of crime is apt to be too
long postponed. At the very outset
Of the trial the problem Of securing
an impartial jury sometimes long de-
lays the case. In the city Of Chicago
a few years ago 1t required eleven
weeks and cost $4,000 to secure
a jury to try a murder case.
Its better, far better, much as
w may deplaFe Il that now and then
an innocent man should be- convict
ed OF murder, than that our courts
should be q byword and q seDroach;
than that the average man should
feel that petty offenses are punished
but that the murderers 80 free.
The following Is q summary Of
some Of the changes that ! would
suggest as worthy OF consideration.
Greater strictness In allowing con-
tinuances.
\ Statutes preventing changes Of We
nue. Of the uncorroborated affidavit
Of the accused.
The exercise Of greater power on
the part OF trial judges.
az In restricting the examina-
ton of jurors on the volr dire.
(2) In limiting the cross exami-
nation Of witnesses.
(S) In limiting argument on the
admissibllity of evidence.
90 In commenting to the jury
on, questions of fact
The denial OF new trials by APP
pelIate courts where It Is plain that
there has been no miscarriage Of
justice,
Provisions for review on behalf Of
the state.
Statute permitting the taking OF
dispositions by the state"