The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1911-11-04
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A MURDER CASE
IN AN ENGLISH
Attention of American Law
yers Attracted by a
Model One.
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I'm view OF the several alleged muir.
der mysteries now under investi.
CATION Ia various sections OF this
country and the number OF recent
sensational murder trials the COM
ments I'm several OF the leading legal
publications in connection with the
trial In England OF John Alexander
Dickman for the murder of John In.
mes Nisbet before Lord Coleridge. one
OF the Justices OF the kings bench. and
n jury nj Newcastle-on-Tyne. a report
OF which has just been published In
the American Law Review, is OF more
than usual interest and instruction.
The American Law Review. the New
York Law Journal and other legal pub
LEGATIONS commend the trial as an ex
ample 10 be studied and digested by
American jurists and lawyers as an
excellent method OF conducting q muir
der trial In an orderly and speedy man.
ner. free from waste OF time and sen.
sationalism.
They also call the attention Of the
lawyers and jurists TO the freedom
from technical artIheiality The spirit
Of common sense aud the fairness
which characterized the entire u2l
before Lord Coleridrc
The editor of the New York Law
Journal says
1T is desirable that members Of the
bar carefully read the report. noting
particularly tile attitude OF the trial
judge and the active part he took. ms
well rs the cooperative spirit OF coun.
sci as officers OF the court Undoubt-
edly the presiding Judge displayed
more initiative throughout the proceed
ing and went further in atfirmatiyely
guiding the jury In his summing up
than is customary in America or in
deed than probably would be tolerat-
ed outside OF the federal and perhaps
Il few other American courts.
I'VE believe. however" adds the edi-
tor. that no unprejudiced lawyer
could read this summing up without
being impressed not only with the
great ability with which the evidence
was marshaled, but also with the fair
ness with which the issues OF fact
were actually left to the jury for their
determination"
Example CT Rapidly.
An example or the rapidlty with
which Dickman's trial was conducted.
which resulted I'm verdict OF guilty,
IS shown 10y the following record:
The homicide occurred on March is,
After preparation for an elaborate case
Of circumstantial evidence the trial
opened on July and was concluded
on July Z. The appeal from the con
vlction was determined by the court
OF criminal appeal dismissing the APP
peal on July %. 1910. Consequently
the trial lasted three days and the ap-
peal was finally disposed OF fifteen
days thereafter
The editor OF the New York Law
Journal also says;
ut was not assumed because the
case was capital one that the Ordi-
nary laws Of thought and teachings OF
experience must be ignored and an nd.
ventitious Importance attached To i'm
material flaws"
The editor OF the Law Journal fur
Their says I'm his review OF this great
trial for murder
1--WE believe this trial was fairly typ
ical OF criminal prosecutions In the
English courts. and II Is in sharp con
trast with similar proceedings I'm too
many American communities. where
the mere machinery OF the law is SO
abused as I'm large proportion of the
most important cases TO defeat justice.
:" - We trust that members OF the bar
In general either have read or will read
the report OF this English trial. The
trial Judge. while displaying abundant
backbone aud retaining n guiding grasp
OF the proceeding throughout. was
courteous 10 counsel OH both sides and
scrupulously fair.
Counsel for the defense did not
bubble over trivial objections TO evi-
dence, but forcibly made every point
lcgitmately TO be urged In the prison.
er's favor. as. for example. that he not
only appeared as witness on the trial.
but that he had volunteered his serv.
ices in the preliminary Investigations =.
Courts Surprising Charge.
During his summing up Lord Cole
ridge made statement that may sur.
prise some American criminal law.
yers. He said that II was quite mac
curate to sa ythat II Is necessary in
the case OF crime 10 prove the motive.
Here is part of the charge:
AT the outset ! should like to men
ton and dispose OF the question OF the
prisoners means IL is quite mae
curate 10 say that Il Is necessary IN
the case OF crime 10 prove the mo
tive. Many crimes are committed M
parently without motive Many are
committed with what appears 90 be
an inadequate motive. but IL the facts
are clear the motive II lmmaterial II
the facts In this case were ubundantly
clear n would not lie wise FOR You 20