The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-10-04

organising Our Court System.
To the Editor Of The News and Cour-
Ter:
The atmosphere Ii pregnant with
complaints as to the enforcement Of
the criminal law. Men go free where
public opinion would have sent them
to the gallows OF the Penitentiary.
and consequently unrest and repug.
nance to the criminal law Is the re-
suit Various ideas are advanced to
remedy the seeming defects. In many
cases public opinion IL wrong, In
many cases II is right, and hence
with this state Of affairs something
In necessary to subdue this public
unrest and bring criminal practice t.
better appreciation OF public opin-
Ion.
Take the Beattie case. lately de-
cided In Virginia Newspapers IN
North and South Carolina have both
said that an acquittal or mIstr,al
would have resulted in either Of these
States. and they point to the fact
that Virginia enforces law better
than is done in their States. To some
extent this is true. but not altogeth-
or. The Southern States have al
ways been more lawless than the
States farther north, In that they re-
ly more upon personal vindication Of
wrong rather than through the
courts. Hence We had the Cole
Duello. a code. as bad as II wos,
superior to the daily assasslnations
that occur In our State. That code
Is out OF the question, and when q
man wants to kill his adversary he
tanks up on whiskey, arms HIMSELF
with a pistol. lies in wait for his ad-
compelled to strike. then shoots and
claims self-defence-that his adver.
sary put his hand to his hip pocket.
Upon the inquest no pistol may have
been found on the dead man, but the
astute lawyer makes 1t appear to the
Jury that his client was In fear of
death or great bodily harm AMI an
acqmttal results.
Now, from a reasonable standpoint
how silly this plea The killer has
his pistol covering his antagonist.
Even II the latter had a pistol in his
hip pocket he had him at a disad-
vantage. His life was In his hands,
Why fire until the antagonist draws
his weapon and attempts to use II?
Such a plea Is nonsense. and yet 1t
avails I'm nine-tenths Of murder trials.
Now how will we rectify IL? That Is
a question that needs considerable
thought and is not easily solved.
and Yet / am going to make a sug-
gestion that will. II not entirely solve
1t. TO some extent improve conditions.
! On general principles you need NOT
look to the lawyer to modify or repeal
bad laws. 1t is true that the legal
profession dominates the Legislature
and virtually enacts the laws. These
laws are Construed by our courts un-
der rules OF construction that vera a
disgrace TO justice when promulgat.
ed long years gone. AS a conse-
quence crime Is rife and .fe IA the
cheapest article on the market of
sooth Carolina Now can we. under
the double prestige OF bad laws en-
acted by our Legislature and r,ad,
worse by construction, have any
remedy
We suggest that the Circuit Judges
OF this state cease TO rotate nnd each
remain in his own circuit: that IN,
Juries for each county be drawn
from all the counties composing the
circuit. In proportion. that no per-
emptory challenges be given to elth-
er the state or the defence, but chal-
lenge only for cause.
With this alteration we believe
that our criminal laws will punIsh
criminals instead OF encouraging
them. Let others interested In this
matter speak. We want light ana,
having light, demand Of our L.yls-
iature criminal reform that Will
convict tho guilty and free tho in
nocent.
w. +. CLAYTON.
| Florence. September 90. 1911.