Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-10-27

than tho unmerited punishment of
an Innocent man. And that Is interfer
ence with an unjust verdict whom all
legal technicalities have been observ.
cd In tho trial Rather than sanction
such proceeding tho highest court
of the Golden State would allow q
man to be hanged on perjured testi-
mony.
To those who might consider such
comment extreme careful reading
is recommended of the decision Of the
court, published in full In the San Fran
cisco Recorder Of Sept. 15. In render
Ing tho decision the Court referred
to the Attorney Generals request
that Mooney BIO given now trial and
said concerning it that. "the sole
reason fer this action" on his part is
that certain evidence has been dis.
covered which leads him and tho
Judge of the trial court to believe that
In tho interest Of Justice, a new trial
should DO had" TO tho ordinary lay
man and, probably the ordinary lawy
er 1t may seem that no better reason
for new trial could be urged than
the interest of Justice But the court
does not think so. It held that the
cd to new trial IL 1t could be shown
that there was some "error Of law
In the court proceedings but not other
wise. The reader Is left to infer tina.
when forms Of law have been bserv-
cd 1t does not matter If tho object of
law has Teen defeated.
To Justify this decision the court
quotes the section Of the State Con-;
stitution which gives it appellate juris
diction ION questions of law alone,
III all criminal cases where Judgment
OF death has been rendered" And to
further strengthen its position, from
the legaiist point Of view, it quotes
an amendment adopted in 1911 which |
forbids granting of now trial Oh
error or law unless after al exami-
nation OF the entire case. including
the evidence, the court shall be of the !
opinion that the error complained OF !
has resulted in miscarriage of JUS I,
tice.' From which it. appears that it !
is not an error OF law to allow a Yer /
dict to stand based Oh perjured testi-
mony, and the hanging of a man 80
convicted would not be -miscarri.
age of justice resulting from such an !
error. The court does not seem to
have considered that it could not DO
tho intent of the constitutional pro-
VISIONS 1t quoted, that an unfair con
victim should be allowed to stand un
der any circumstances.
Fortunately the interest taken bS
democratic Russia i'll the case gives,
1t an international aspect, and has,
given President Wilson cause to inter
yone and order an Investigation Gu
there is still hope that judicial lynch
ing will be avcrtcd. But even in that
case the fact still remains that Cali
fornia's Supreme Court has held that
n citizen who becomes victim Of
frameup must not look to it for re-
lief, unless he can show some "error
OF law"
This condition OF affairs this judicial
decision is the logical result OF the per-
sistent injustice practiced in dealing
with the citizens of color 1t will not
be long before the American people
will pay In blood and treasure for
[his disregard OF etorifal principles,
may not DO always swift,
but it is sure OF accomplishment.
When sinful man accepts the teachings
Of the Scriptures in their entirety
swords will be beaten into plow-shar-
,s and nations will not learn war
any more"
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