The Birmingham age-herald., 1912-02-18
JUDGE FERGUSON GIVES HIS VIEWS ON LAWLESSNESS Takes Issue With Some of Those Who Talk so
 Pessimistically ADVANCES HIS IDEAS FOR GIVING RELIEF Points Out That Fee System Has Nothing to Do With Number
 of Homicides in the
 County


 The alleged prevalence of crime in
 this county and the many suggestions
 offered as a remedy have been a live
 topic for some time past. Grand jury
 after. grand jury has made more or less sensational reports, the learned l judges on the bench have suggested
 from time to time remedies or exist ing conditions and much has been said
 through the press a the causes for the
 alleged lawlessness.
 l Judge Charles ". Ferguson of the second division of the city court, who
 has been connected with the official family of the county for a. number
 of years, and who is familiar with con-
 ditions past and present, when asked for an interview, gave out the follow ing statement: "As far back as 1877, when Birming-
 ham was village, and Jefferson coun- ty had not exceeding 15,000 people,
 when there were coal mines nor convicts and but few strangers in this
 county Judge George " Stone, then
 associate justice of the supreme court
 of this state, in his great opinion in F the case of ex parte Kettles in 5Sth Alabama reports deploring a seeming
 woeful condition at that time, used the
 following strong language:
 Ont1l courts ana justices ledTn tO
 place a proper estimate on the sacred
 ness and inestimable value of human
 life; learn that life is not to be taken
 to avenge an insult, even though gross;
 learn that felonious homicide, even will full and deliberate murder may be com mitted during a personal, nay, mutual
 recontre, until juries learn that the
 crime of murder is not expunged from
 our statute books, nor retained only l for the friendless or humble, We may expect the carnival of the manslaughter
 to be prolonged, if not intensified
 "So, it seems we had the carnival of l the manslayer in the state at that time.
 That it has been prolonged and great fly intensified no one can doubt. That
 there are causes for 1t no one can Idoubt. l do not believe that we are
 bad hearted or naturally lawless peo
 pie.
 "I am a native of this state and have 1 lived here all my life. quite a number Of
 years, not material to know in this in
 quiry, and while have seen a good many l fist fights, I never witnessed but one or l two where a weapon was used and then
 with no fatal results. Yet we all know
 there are numbers of homcdes and re- | gretably so in this county.
 l There was time in the history of
 English criminal Jurisprudence when tire
 accused person had no chance at all on | trial He was not allowed counsel either I to osadvise him as to the law or to examine
 witnesses against him; he could not testify | in his own behalf: he had no compulsory
 process to compel the attendance of hA witnesses; and the crown had any number
 of challenges in the selection of the jury. l So the solicitor of that day had an easy
 time in securing convictions, and when l convicted the conviction stood.
 Later on the judges out of pure hu- 1 I,aI. cit, Af
 the accused, created the presumption of | innocence in his behalf and that this pre- sumption was not to be overcome save by
 evidence of guilt beyond reasonable
 doubt As the centuries rolled on he was 1 allowed counsel to advise him as to the | law of his case: later compulsory process | for his witnesses and counsel to examine | them and to cross-examlne those against | him, and at this time he may, if be elects, become a witness for himself In addition
 to all these advantages he has in this l county 10 peremptory challenges of jurors | on his trial as against five for the stare. l He has the right of appeal, without bond, and the right by his counsel of an un- | limited number of written charges in no wise bearing upon the merits of the case and framed oftentimes for the purpose of trapping the trial court into error, whereby a reversal on appeal may be had, and that this frequently happens all one needs to do is to read the supreme court reports That reversals weaken a cass and cause a distrust in the law there IS ! no doubt. The only advantage that the state or prosecuting power has is in the closing speech to the jury, and as opposed to all the advantages of the defendant 1t amounts to very little. So there is small wonder that convictions are hard to se- cure and more difficult, perhaps. to be held especially in cases of defendants with influence and large family connec- tions And if convicted and the case r affirmed by the supreme court the hard fought battle is not vet over, for then the effort for pardon begins and too ire quently with triumphant success, as par dons have been far too easily secured from some of our emotional as well as political governors who have with stroke of the pen undone the heartbreaking work of weeks and month. An inspection of the records will disclose to the discriminating who these governors were.