The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1911-01-20
JUDGE or CRIMINAL
COURT FAv0RS BILL
BROWN INTRODUCED
WILL GIVE M'kNiGHT JURispiC-
TON OF WHISKY CASES IN
THIS COUNTY.
ADDS MORE WORK TO HI, OFFICE
Says Il Is not Right to Hold Some
Prisossrs for Several Weeks Be-
fore Trial Can Be Had In the Cir
cult Court.


Judge ]. T. Mcknight, in an inter-
view given out Saturday states
that he is in favor of the bill intro
duced in the Senate giving the county
criminal court Jurisdiction In the case
Of alleged bootleggers in this county.
The bill as introduced Is simply to
repeal Chapter 227 of the acts of 1907.
II this bill is repealed it will place
the trial of all persons accused of the
illegal sale of whisky back into the
criminal court. Judge Mcknight said:
"The original act creating this
court, provides for the trial of mis-
demeanors in the criminal court, and
whisky cases being In that clasG,
there seems to be no good reason for
making an exception in regard to
them. The reason for the establish
ment of the Maury County Criminal
Court was to relieve the circuit court
and also to prevent persons charged
with violations of various misdemean,
or laws lying jail for long periods Of
time awaiting trial in the circuit
court. They can be tried in the crimi-
nal court at once and either acquitted
or convicted as the facts may justify,
and in case of conviction can go ID the
workhouse at once without the &C
emulation of Jail costs. AS the law
now is the prisoners have to lie In
Jail for some time, If they cannot
make bond, before they can get an
opportunity for trial, or even for the
submission of their case, and thus
pile up heavy bills of cost which they
have to work out on conviction or sub
mission.
THUS it seems best to let these
cases be tried In the criminal court,
avoiding the accumulation of jail
costs which must be paid by the peo-
Pile in case of acquittal, or by the
prisoner on conviction.
There is one thing, however, that
tends to destroy the good effects Of
the trial Of these cases in the criminal
court. An appeal may be taken to the
circuit court, and the case tried there
again. And In asmuch as the least
possible penalty in whisky cases is
fine of $50 and six months in the
workhouse, nearly every man convict
ed appeals to the circuit court, there
by availing himself Of second
chance before jury. He remains in
jail taking chances on an acquittal in
the higher court, and hoping to avoid
the ultimate paying Of a heavy bill
of costs.
II do not wish to be understood as
advocating a smaller penalty for vio-
lations of these laws for do not. But
It Is a fact that the workhouse SEN
tence of six months, which is manda-
tory, in these cases, makes the trial
of them in the criminal court less sat
isfactory than it would be In other
cases-in which the penalty is less
severe.
"But upon the whole, | think the
bill introduced in the Senate should
be passed, for while most of these
liquor cases will be appealed to the
circuit court, some of them will not,
and it is not right to deny some
speedy trial or an opportunity to sub
NIT simply because greater number
may fight to the last ditch.
1.-THE passage of this bill will add
more work to my Office, but what is
for the best interests Of the county.
am willing to assume favor the
passage of the bill"