The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-08-16
REASONABLE DOUBT
INSTRUCTION IS
CRITICIZED
JUDGE W. A. HENRY MAKES IN.
TEREsTINe ADDRESS BEFORE
MEETINF OF JUDICIARY.
SHOULD CONSIDER The EVIDENCE
Should Be No Instruction From Court
Regarding Presumption of Innocence.
Committees Appointed and Articles
Of Incorporation Drafted.
SHOULD CONSIDER The EVIDENCE

jackson, Miss, Aug. 16.-Character-
izing instructions given to juries in
volving the question of reasonable
doubt and presumptions of innocence
as a judicial iniquity", Judge w. A.
Henry, of the eighth circuit court dis
trict, made an interesting address be-
fore the meeting of the judiciary yes
terday afternoon, in which he strongly
advocated certain reforms in local pro-
cedure, that, if made, would be dis
tinct departure from those now in
vogue.
Judge Henry laid special stress upon
procedure in criminal trials, and in
brief stated that when a men was tried
on criminal charge jurors should
judge him solely upon the evidence,
and there should be no instructions
from the court regarding a presump-
tion of innocence or that if the jurors
believe reasonable doubt existed
they should return a verdict of not
guilty.
More criminals are turned loose
because of the instructions involving
a reasonable doubt than from all other
causes combined" said Judge Henry
in the course of his remarks, which
were listened to with close attention
by the twenty odd judges and chancel
lors who attended the afternoon ses
sion of the conference.
Judge Henry advocated a number OF
reforms, including that husband and
wife should be allowed to testify
against each other, that juries in felony
cases should be permitted to disperse
in the discretion of the Judge, the Ala
bama procedure in selecting juries
should be adopted, the trial of prison
ers at the same term of court in which
they were indicted, the allowing of q
judge to advise jurors as to the law
and evidence if they so request it, thai
judges instruct juries orally or by writ
ten instructions prepared by them
selves
The judges who assembled in the
city yesterday morning held a lengthy
session in the afternoon, when there
was a full and free discussion OF
changes in the law of legal procedure
fn 1No 1,,f,
Whether committee from the pres
ent committee will frame a memoria
to the legislature to make certain
changes in this law, or committee tc
be selected later will form it and re
port it to another convention, has moi
been determined, but this matter prob
ably will be taken up and. decided I'D
on this afternoon.
The meeting yesterday afternoon
was devoted to the discussion of vari
ous subjects, the appointment
of committees, the submission OF
resolutions and their reference to com
mittees, informal interchanges of ideas
and the adoption of rules.
The committees are as follows.
I. Committee on civil procedure in
the circuit court-Judge ]. A. Teat
Judge W. H. Hughes and Judge R. E
Brown.
q Committee on Criminal Procedure
Judge W. A. Henry, Judge H. c.
Mounger, Judge D. M. Miller.
g. Committee on Equity Procedure
Judge E. N. Thomas, Judge ]. @. Rob.
ins, Judge p z. Jones.
4. Committee on Jury System
Judge T. L. Lamb, Judge w. A. Henry,
Judge ]. A. Teat, Judge C. L. Dobbs.
Judge T. R. Barrett.
S. Committee on Rules-Judge ]. H.
Stevens, Judge w. E. Denton, Judge J.
S. Hicks.
6. Committee on Miscellaneous Bus.
iness-Judge w. e. Denton, Judge r.
E. Sheahy, Judge B. A. weathersby.
The articles of Incorporation of the
conference of Mississippi judges are as
follows
l. This organization shall be known
as the Conference OF. Mississippi
Judges"
2. It's membership shaI| <onsist of
y all the circuit judges 4 A. e6oueellors
III