The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-03-28
PEOPLES FORUM
Tho ENsence Of The Forum.

Tho Essence Of The Forum
Editor of The Richmond virginian:
Shiny attention has been called to your
editorial Of March 27th, entitled Technical De-
lays"
True RefernaeFs eases. some of the reporters
quoted Judge Wells, a. saying. that the obtec-
ton raised to the indictment on demurrer was
You doubtless based your editorial on this
alleged statement
Judge Wells, however, said such thing. On
the contrary. he said. that the objection raised
went to the very root of the Offense charged In,
the Indictment and could not be overlooked.
This point he stressed-that when he called
to instruct the jury, he would have to tell them
that there could be conviction unless 1t was
proved beyond reasonable doubt that the
True Reformers' Bank was insolvent at the
time the deposits were received by the accused.
and yet said he there Is no allegation to that
In the Indictment.
1t was admitted at the bar by the represen-
tatives of the Commonwealth. said Judge Wells,
that It was absolutely essential to conviction
that this fact be proved. and yet the Grand
Jury had failed to alege It as an existent fact
1t being then fundamental law OF pleading
that all facts which are necessary for the Com
monwealth to prove, should be set ont in the
indictment, and this not having been closed.
Judge Wells said he was forced to quash the In
dictment.
May now be permitted to make this follow
ing observation
The constitution OF the United States pro-
vides that no person shall be held to answer
for capital otherwise Infamous crime. un-
less on a presentment or indictment OF a grand
jury"
1t is also set forth in the Bill of Rights of
Virginia, that no man shall be deprived OF his
life or liberty. except by the law OF the land
| that In all criminal prosecutions a man that
right to demand the cause and nature OF his
accusation. etc"
| The Incorporation of these provisions in our
written constitutions distinct advance
| in civil liberty. and cost great deal OF blood
and iron and money.
They must be worth something; they must
/ tn fOr
that these articles OF the Constitution and Bill
Of Rights are intended for the protection of the
Individual ctiZen-the protection OF his right,
of his life and OF his liberty.
Yes, and protection from government itself
spurned perhaps by hostile criticism.
Now X an indictment Is necessary at all, then
| IL ought to have some form. certainly as much
form as was required by the common law before
the adoption OF our constitutional government
The common law requires, and did require.
before our first sttters came over that all OF the
essential elements Of a crime should be averred
in the indictment. Does It not necessarily fol-
low from what has been said, that unless the
grand jury has signified by its endorsement on
the indictment that all these essential facts have
been testified to before it-that no man ought
to be disgraced by Indictment against him.
or put to the enpense and trouble OF answering
the same? Suppose 1t was a fact that the bank
In question at the time In question was solvent.
then IL the indictment stated that the bank was
insolvent. the grand jury would have been put
upon notice that this was an essential fact, TO
be proven and might have found itself unable
shape, a true BILL
With this allegation OF insolving left out
however and its attention not called to the
importance of such averment the grand
jury with exactly the same evidence before u
might we'll have returned such an indictment
as true
In this latter event the citizen IL dtsgraced and
is put to the trouble and expense OF defending
himself. when from the first there can pc no
doubt OF his acquittai and no doubt 81 the
fact that he ought never to have been indicted.
1t may be said that such are not the facts
In the case Of the True Reformers That u
no answer. The judge does not know the
facts outside Of the indictment when he passes
on a demurrer and even II he did. that should
not influence him In the slightest The law -
made to meet all and must be uniform
and universal. Courts must adjudicate and es-
tabIish precedents for the protection OF the
rights and liberty not only OF the man on trial.
but Of some future citizen as yet unborn.
Please excuse me for this lengthy but hasty
and imperfect presentation OF view, which
may perhaps strike some layman's mind as
sound.
1t is can encourage In some single mind
a reverence for the law, which before this ex-
PLANTATION he did not feel l shall be happy.
H. NJ. SMITH. JR
Richmond Va, March 81, 1912.