The Pickens sentinel. (Pickens, S.C.) 1911-2016, 1916-11-09
hA'TRAVESTY ON JUSTICE
(Greenville News.)

One Of the, progressive young legis-
lstors who will be missed in the next
General Assembly is James P. Carey,
Dr., OF pickens, who did not offer for
reelection TO. the House He was the
author, of a local law affecting only
Piekens county which should be made
state wide in its application. This was
passed at the session of 1916 and pro-
vides compensation for attorneys ap-
pointed by the court to defend any per-
son or persons charged with capital Of
Tense D'that county.
Ims statute allows fee of not more
than twenty five dollars to the attorney
who. by appointment of the court, de-
fends any person or persons accused of
capital crime. The amount comes out
Of the county treasury. The person de-
Tended is obliged to make affidavit
swearing that he or she is unable to en-
ploy counsel and has no property ex-
ceeding twenty-five dollars in value
The judge determines the amount Of
the compensation.
The next legislature should make this
|'statute applicable to every county whit
lection to 8 measure which is so mani
festy one Of simple justice, for it is de-
signed to remedy situation Wich often
results in q gross miscarriage of justice.
What is the condition which necessi
tates such measure? Here it is: a
poor man. accused Of capital crime,
. cannot afford to hire lawyer. He is
brought up for trial and, when the
judge is apprised of the fact that he is
without counsel, he appoints a member
of the bar to defend him. such counsel,
of course. receiving no compensation.
In our opinion the plain implication, Of
the law is that such counsel should be
! learned in the law, but custom OF
convenience moves the court to appoint
the neWly fedged attorneys who have
just come to the bar or who have been
practicing but short time. They are
ANYTHING but 'learned in the law, and
r are usually deficient in knowledge of
trial practice and trial law. A mere
stripping. with little experience, is pitted
b. the court against veteran and able |!
prosecutor. The result is rarely in
doubt. These youngsters do their best
and sometimes save the necks Of their |
pennless clients. but is common sense
more adequately safeguarded by older
counsel
The News cannot see how this can be
termed fair trial 1t is. on the other
hand a denial OF that equal justice,
which in theory, every man is supposed
10 be accorded by the state. Had it not
been for the exercise of the Chief
Magistrate 5 prerogative of commuta-
ton judicial tragedy would have been
lad at the door Of Greenvillle county
not so many months ago when man
was sent to the electric chair after hav-
ing been defended by young lawyer
appointed by the court. The young man
did the best he could, but inexperience
in trials and the unexpected and unac-
customed strain of trying to save q
mans life rendered his efforts ineffect-
i've.
Of course, the custom Of designating
young attorneys is often excused on the
ground that it gives them helpful adver-
tisement and throws the judicial spot
light upon them. 1t may be good FOR
them, but it is bad for the prisoner at
the bar. who is subjected to the peril of
vivisection for the enlightment of a
briefless barrister.
The News has observed this travesty
on justice for some time and earnestly
hopes that the General Assembly of 1916
will extend the operation of the Carey
law to the whole state and provide at
the same time that no attorney shall be
appointed on such case who has not
had at least five years practice at the
bar. In this way. poor men will more
likely have better counsel, and counsel
will haXe at least small compensation
for their efforts.
The time is coming when every state
+ in the Union will have public defend
er, as well as q public prosecutor, when
the poor man accused Of crime may
stand on an equal footing with the rich
man who can afford to employ able
counsel. The Carey law is step in this
direction. The scales must be balanced
so that wealth can have no advantage
over poverty Fin the courts where all
men are supposed to receive equal jus
tice. ~
Mr.. Clements of Atlanta stopped over