The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1922-04-13
THE DAMFOOLISHNESS
OF THE LAW

people-the great mass Of the ordi-
nary folks-cannot exactly under
stand; or, understanding, can see no
moral reason for the conclusions
reached.
Take, as an example, the recent
murder of the Seminole, Jack Tiger
tail, in Dade county Every iota Of
evidence was against the murderer,
Veder; in fact, there really was no
attempt made to show the culprit did
not commit the murder-the evidence
of a Seminole, whose word is never
questioned, being accepted by the
jury.
But Veder has been granted a new
trial-and because of what? Simply
because the jury brought in verdict
| of "guilty as harged"-faiIing to
state the degree" of the murder
There was a recommendation for
mercy which automatically carried
with it a knockout of capital punish
ment and the substitution of life i'm
prisonment.
There is the Stiffness of the law. The
intention of the jury was, no doubt,
excellent. The verdict was the only
one that could have conscientiously
been given. The indictment was for
murder" and the members of the
jury found that the prisoner was
equity as charged" First, second,
fourteenth, or even twenty second
degree mattered not to those men;
they had decided that Veder had COM
mitted murder-just as the indictment
stated-and they said so. Then, as is
frequently the case, the jury added a
recommendation for mercy.
The lawyer for the defense was
clever and tactful. He scanned every
detail about the trial-looked for ev-
cry loophole by which his client could
be aided. Morally he knew, as did all
others, that his client was guilty-but
there was a mere wedge of technical
ity which might be used to pry open
the case once more and trust to a new
jury to reverse the findings of the
first one He used it-and the county
will now be put to the expense of an
other trial
It is precisely such affairs as this
, which create a contempt for the law
and the courts. The failure to ask 8
man to name the county in which he
resides-a wrong initial in the name
, of a witness or a juryman-a misplac
, ed colon or comma-all these little
? things for which commonsense would
: provide an easy anSwer-are taken as
: basis for the granting of a new hear
ing, OR an appeal to the higher cour
for q reversal. Ordinarily people de
/ ! spise such actions-the defendan
! alone is pleased. And he should be.
2 Edmund Burke, born in 1929, AM
;. recognized as a master statesman
I orator and author, is quoted below:
eve are tenants at will of thes,
S gentlemen Judges and lawyers) 70
4 everything; and metaphysical quib
!. BILE is to decide whether the creates
villain breathing shall meet his de
e serts or escape with impunity-o
t | whether the best man in the societ
| shall not be reduced to the lowest an
:. most despicable condition it affords
+. In a word. my lord, the injustice, de
|. lay. purillty, false refinement an
:. affected mystery Of the law is such
n that many who live under it come t
k admire and envy the expedition, sim
q plicity, and equality of arbitrar
o judgments.
s Another of the intricacies of tn
n high courts which cannot be easil
s solved by the common people is tn
.e sentence proposition. 1t may be Pc!
: sible that the legal profession ma
assert that it is not the business {
the common people-numerous Z
they are-to understand profession;
| ethics and all that sort of stuff; {
| the same time one has a privilege t
| wonder and remark. A boy, hungT
| and destitute steals loaf Of bread
| value ten cents. He is sent to ia
| for three months. An official stea
| couple Of hundred dollars-he go'
| to jail for year. 4 banker sCea
| a couple hundred thousand dollars
| he goes scot free. A governor rol
| his state Of a half-million-he, to
| goes free, receives the plaudits of &
! his constituents, and will probably
| reelected TO his position-or to a
| other just as good. Yet to critici,
| the actions Of the courts, either We
| balIy or through the press. is styl
: high treason and may land Il
=, speaker or the writer in jail for
f~ long term.
T. And all of this IS why the prop
heading is used on this article.