The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-12-06
BY II. L. WILLIAMS

| nullify the trial by jury referred to in
the constitution as being one of the in
violable rights of the citizen?
Confessions
Where a crime has been committed and
a person Is arrested accused of the crime
Il a witness appear and make oath that
the person accused confessed the crime
this evidence in connection with proof
that crime has been In fact commit
ted, will authorize a conviction This is
undoubtedly right, but under existing law
1t Is held that on appeal in such case
the supreme court will not review the
question as to whether such a confess
sion was voluntary or brought about
through undue influence, inducements OF
threats, but that it is discretionary with
the trial courts whether such evidence
is or not admissible Trial courts are not
nfallible and sometimes make mistakes;
and in view of the fact that evidence
of confessions is of the easiest kind man.
ufactured, should not this rule of evidence
be changed? Almost every lawyer of ex-
perience has heard evidence of confess
sions given under circumstances tend
ing to arouse suspicion of its genuine
ness.
Witness Fees
For years witnesses have been sum-
moned to the criminal courts of Jeffer-
son county. and after attendance issued
certificate for such hardly worth the
price of a nights lodging; yet, they are
compelled to attend often from distant
places and pay their own expenses or be
subject to attachment. fine and imprison-
ment for a contempt of court. This con-
dition has naturally caused witnesses tc
shrk their duty, and has resulted in many
failures of the courts to uphold the law
as convictions can only be had on the
evidence of witnesses. This condition is
believed to be due in part to the fee
system flooding the dockets with frivo-
lous cases and in part to local laws reg
ulating the fine and forfeiture fund OF
the county. These local laws provide
that fines and forfeitures shall be pay
able in money only, thus discounting as
nothing the evidences of debt based on
service held by the witness against the
county. They also provide that the pro-
ceeds of the hire of convcts shall be paid
directly to the clerks of the courts and
applied to costs and not into the fine
and forfeiture fund.
As a remedy for this condition 1t Is
suggested that these local laws be re-
pealed: that witness certificates be made
a preferred claim against the fine and
forfeiture fund, and also receivable at
their face value in payment of fines and
forfeitures. The fee system will soon be
abolished, and 1t is believed that in this
way the matter of the non-payment OF
witnesses would soon be righted
Unconstitutional Law
1t will probably be matter of surprise
to most people to know that under the
provisions of the code of Alabama, on
the application of a party interested any
person may be adjudged insane and COM
mitted to an asylum. without notice OF
the proceedings or an opportunity to be
heard. This may be done on the tes-
timony OF two or three witnesses, which
is not reduced to writing. If a person
become temporarily a little unbalanced
and helpless from the use of drink, OF
strong drugs inadvertently taken with
out a knowledge of their effect, or from
illness or accident. his enemies by this
secret proceeding are afforded a fine op-
portunity to encompass him, and have
been known to take advantage of it,
1t may be said that even in such case,
the commitment would not be sustained
as the asylum authorities would not re-
tain the custody of such person. This
is true. but it sometimes happens that
the very point to be attained is the COM
mitment. This is so where the purpose
is malicious, done with the intent to
stamp with the stigma of insanity. to
degrade In public estimation--to defame.
Like commitments as this have arisen
and passed for review before the courts