Evening star., 1921-08-21
Law Brought Into Contempt
BY Laxity in Enforcement

country. mention them. not be-
cause have even slight hopes that
they win come to pass. but be-
cause I think they should appeal
70 the judgment and conscience Of
mankind. Tho reason I have no
hope that anything will be done II
because Of the almost fanatical zeal
with which English-speaking peo-
pie cling to the traditions of the
Anglo-Saxon race. We have for.
gotten that in the dawnings of our
Jurisprudence to be felon was
really felony. It involved the
certainty that upon q judgment
OF conviction ones estate would
be forfeited to the crown. although
one might escape with his life.
Charged with a crime. the de-
fendant stood mute before the
court without the power to tell
his story and unrepresented by
counsel
No wonder that under such cir
cumstances a people who had a
sense Of justice and fair play de-
manded that a man charged with
q felony should be deemed to be
innocent until he was proven
guilty. that he should be convicted
beyond a reasonable doubt. that
he should not be compelled to tes-
tify against himself. that his pri-
vate papers should not be searched
to obtain testimony against him. So
ingrained were these ideas In the
Anglo-saxon mind that within my
recollection. Grover Cleveland. as
President of the United States.
compelled the return to a de-
fendant of discriminating papers
unlawfully seized in his Office.
Lawyers quote with JUNCTION the
maxim Of the law that the reason
Of the rule having ceased. the rule
itself also ceases. And. straight
way. they proceed to invoke the
rule when they know the reason
for 1t has ceased. As the years
have gone by in tho administra-
ton Of the criminal law of this
country. all the original safe
guards which surrounded the man
who was compelled to stand mute
before his judges and face loss of
life and forfeiture Of his estate
have been preserved to him, and
all the reasons for those safe
guards have from time to time
been removed by legislative enact
ments. Within my own time and
in my own state I have seen them
go one by one.
The defendant no longer stands
mute in the presence Of the court
or Jury. He now testifies, II he SO
chooses. and the law requires that
his testimony shall be weighed in
the same scales that are used for
other witnesses. He is not tried
by . Jury Of his peers drawn from
the vicinage Of his crime He has
the right to be tried by jury that
knows nothing about the circum-
stances and that 10 not prejudiced
against him personally and whose
members may possess as much
emotion and as little intelligence
as his counsel can secure. Nay.
more. he is represented always by
able counsel. He can take a change
Of venue from . Judge he may not
IKE and from county where he
may think there is adverse public
opinion. He has the right to have
the jury told that he is presumed
to be innocent until he 10 proven
guilty beyond a reasonable doubt:
that it is the duty Of the state to
furnish that degree Of evidence;
that the jury must not hold
against him the fact that he did
not testify. as the laws Of his coun-
try give him the right to remain
silent and to demand that the state
shall convict him. Save in the
case Of q homicide out OF which
he might become an heir. con-
viction works no forfeiture OF the
defendants estate.
may want to practice criminal
law again, and II so should want
all the ancient safeguards thrown
around my client. But Just now
when no retainer 10 In sight can
really see no reason why some of
these rules should not be abro-
gated. The question in Illinois is
not whether Gov. Small has
enemies, not whether there are op-
posing political rings. not whether
certain vicious interests are prose-
cutting him-the question is: Did
he unlawfully convert to his own
use the funds OF that common
wealth?
With his right to testify. his
possession Of some Of the ablest
legal ability Of the state. his right
to q change Of venue from the
court in the county and his power
to obtain fair and impartial Jury.
what would be unjust in compell-
ing him net only to 60 to trial but
to testify touching the alleged
crime and to produce such books,
papers or documents as might
throw light upon the subject.
There 10 not much danger that an
Innocent man is going to be con-
victed. But there Is every pros
pect in the present state of the
law that few guilty men ever will
be convicted. II men were made
to tell where they were last night,
Il might embarraSs them, but they
would be at home tomorrow night.
Copyright. 1921. BY Thomas B. Marshall.)
/ the French Capita