The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1915-08-28
CAssOciated Press)

Amydon, of the United States Dis
trict Court of North Dakota, in al
able speech, several years ago, stat
ed "No cause has appeared for tn,
second time in an appellate court OF
England for more than thirty years
During the last 75 years, nowhere in
the British Empire has a man beer
snatched from the custody of the Law
and sacrificed to mob violence" Burns
well says, "It's the fear of He'll that
holds the wretch in order" 1t is
the certainty of punishment which
operates as a preventative of crime
In 1903, a committee of nine able
| lawyers recommended to the Ameri-
can Bar Association, the adoption Of
certain amendments to the laws of
the United States. The recommends
tions were adopted and a committee
appointed to present the same before
the proper committee of Congress.
The first of these is substantially the
same as that previously adopted by
the English court:
"No judgement shall be set aside
or reversed, or new trial granted by
any court of the United States i'm any
case, civil or criminal, on the ground
of misdirection of the jury or the i'm
proper admission or rejection of evil
dence, unless in. the opinion of the
court to which application is made,
after an examination of the entire
cause, it shall appear that the error
complained of has resulted in a mis-
carriage of justice"
In England, the courts rarely re-
verse a case. They examine into the
evidence. If necessary they secure
evidence from the witnesses, etc.
Justice is quick. Fright and justice"
there is the most important part of
"due process of law. Here is is hard
ly a shadow Of due process. Some
might claim that the courts act as a
jury. Every appellate court acts as a
jury when it is claimed the evidence
does not Justify the verdict. ! advo-
Gated such a law in my campaign for
governor / recommended its passage
to the legislature of 1909. No atten-
tion was paid to it. / took ground
then, that the governor as executive,
should not try to influence the MEM
bers of the legislature, the three de-
partments, executive, legislative and
judicial, being separate. After that
Loci eIatura adfonry,ad I cor,v,o,-oo1 n
new fight for il, speaking along that
line. 1t has been claimed that the
supreme court of Florida was not
technical and therefore no such law
was necessary. ! quoted, in rebuttal,
several decrees of the 4preme court
of Florida, among them was the fol-
lowing: A man had been convicted
Of stealing a COW.
The evidence was conclusive. The
supreme court reversed the Judge
ment of the lower court and awarded
the defendant a new trial on the
ground that the information charged
the defendant with stealing a "cow"
on certain day from certain party,
while the evidence introduced at the
trial showed that the defendant on the
same day stole a "steer" from the
said party. This was held by the su-
preme court to be a fatal variance
between the allegations in the infor-
nation and the proof on which the
verdict Of guilty was obtained OF
course a new indictment was neces-
sary. Whether the statute Of limita-
tions prevented such / do not know. |
In commenting on the case, / stated |
to the legislature, that there was no
telling what would have been the de-
cision Of the learned court had the |
cow turned to me a bull. i said this |
looks 10 me like kidnapping justice |
For some time there was a coldness
between the two ends Of the capitol |
mean no reflection on our supreme |
court. They are high-toned, honor |
able men, They just look at some ,
things in a different light from a lay
man, like myself.
/ again recommended the passage
IF this English law, to the legislature
IF 1911. i drew up the bills, placing
,ne in the House and one In the Sen l