The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-05-02

rule established by the decisions that
no comment can be made upon the
failure of defendant to introduce his
wife as a witness on his trial for
crime, ought to be abolished, and in
all respects we submit that the law
ought to be so amended that the wife
ought to stand and be introduced for
and against her husband just like any
other witness, and governed and sub
ject to all of the rules of examination
and cross-examination and to COM
ments by counsel just as any other
witness with the single exception that
she be not allowed to disclose any con-
fidential communication made to her
prior to the time of the commission of
the crime or occurrence of the event
about which the trial takes place. The
same changes for the same reasons
are suggested to qualify the husband
as witness against his wife
Tenth: We suggest hat the law
ought to be so amended as to provide
that insanity as a defense Of crime be
not allowed to be made except by a
special plea in writing, filed at the
time of the arraignment of the de-
PENDANT on the indictment, or after
wards by order of the court, and that
no testimony be allowed to be intro
duced touching the sanity or insanity
of the accused except such plea be
filed in writing. And further, that on
any trial for a crime where the plea
of insanity has been interposed that
the jury may be instructed that in the
event that they find the defendant not
guilty on the ground of insanity, that
they will so certify in their verdict
and in such case the court shall by its
judgment order the defendant to be
confined in the lunatic asylum in close
confinement for the same term of i'm
prisonment that the court is permitted
to confine and would confine, the de-
PENDANT in the penitentiary in the
event he had been convicted of the
crime charged.
This would be at least a deterrent
force to the frivolous pleas of insanity
now being so frequently interposed In
criminal cases, and would prevent its
interposition in cases not seriously be-
lieved to be well founded by the de-
| PENDANT counsel. If a sane man takes
the life of his fellow and seeks an
acquittal on the ground that he is an
insane man, surely he ought not to be
allowed to object to serving a SEN
tence in prison, as the least penalty
he could pay to society for the act.
And, if he is really insane the welfare
and safety of society demand his con-
finement, for the protection of the
community.
Eleventh: We heartily endorse the
resolution already adopted by the AS
ISOLATION at its last annut meeting
providing that no appeal be allowed
to the supreme court in any convic-
tons for misdemeanor except by GER
tiorari.
Twelfth: It is of the last impor-
lance to the effective administration
Of the criminal law that trials occur
speedily after the commission of the
offense, and we suggest that the law
ought to be so amended as that the
circuit courts for the transaction of
criminal business be considered as
open all the year round and to be con-
tinuously in session so that upon the
commission of crime as speedily as
it can be done by the circuit Judge he
may at any time order the sheriff to
summon the grand jury and the neces-
sary jurors and proceed with the trial
as speedily as it can be done after the
commission of the crime. We believe
that this suggestion will do something
to deprive the mob of its arguments,
to-wit: the delay in the administration
of justice by the court.
Thirteenth: We suggest as a much
NEEDED reform that much more rigid