Year: 1873

TO The Edftor Of The Tribune.


SIR: The delays in capital cases often defeat
the ends OF Justice On the trial of hese cases. errors
not only prejudcia but disastrous to tho rights OF the
accused are sometimes committed. Not TO permit the
prisoner who has been convicted in violation OF law, OF


capital oGense. the opportunity to have his case re-
viewed by higher court, would be gross wrong The
right appeal in civil cases. given by statute no mat
ter how small the amount involved Human LIE shoulu
not be regarded OF less value than few dollars
the law has been observed on the ria-if no material
error has been committed by the Court-on appeal the
verdict will be upheld, otherwise 1t VIII DO set
aside (as 1t ought to bel and new trial
will be granted At the time the community nave
an Inherent right of protection against crime Ihe a"
while 1t guards with scrupuous care 1.-THE rights OF every
person charged with crime, should also protect win
equal fidelity the rights OF awabdlng citizens OF the
community at large law which disregsrds either OF
these objects cannot good law while on the other
hand law which efectualy both is entitled 10
the most favorable consideration. With this vlew
before the commencement OF the present ses-
sion OF the Legislature drafted Dill
entitled "An Act In relation to writs OF error
and proceedings in capital cases." This bill provides
that appeals In capital shall direct to the Court
of Appeals-the court OF last resort IL provides that
the Court of Appeals shall give these cases preference
over all Others II forbds stay Of proceedings, unless
in the opinion OF the Judge granting II stay snail DC
necessary In order 10 afford sufficient time to bring on
the case for argument and TO obtain decision In that
Court In order that stay may be necessary the Dill


provides the day OF execution shall be not loss than
70 nor more than 6 weeks from tue time OF the sentence
II this bill should become law. it will be very rare
indeed. that O stay OF proceedings Will be necessary
As q general rule, within month or less from the
time OF sentence the would be argued In the Court
OF Appeals. Within two or three weeks the decision
would be rendered II the conviction should be affirmed
the case would bo ended forever far as the courts


could hn dor
probably weeks before tho day appointed for execu
tion. The application TO the Governor which always
follows IN such cases, would be made at once as the
friends of the convict would feel the importance oil


losing TO time 1t is fair to presume that the decision OF
the Governor would be rendered with reasonable
promptness The appeal to the Court OF Appeals, the
application TO the Governor for cemency, would be de-
cided weeks before the day appointed for execution


Thus it will perceived that by the provisions of this
bill, the administration Of justice would move as
speedily as is consistent with proper regard to the
rights OF the accused the one side, and OF the COM
munity the other. Instead OF two years. as n the
case Foster these proceedings would not take more
than two months II the Court Of Appeals should
reverse the conviction, and grant new
trial, the case could be again brought to trial
without delay before the witnesses had become
scattered and before the public had lost all interest in
the II the prisoner had any real defense II would
be betor for him that the trial should be had promptly
while he could the attendance OF his witnesses
and the facts were fresh in their recollection. When
new trial is granted after the lapse OF one or two years.
either side encounters serious disadvantages resulting
from the Of evidence and from the fact that the
memory Of witnesses is less accurate and loss reliable
than when the occurrences are recent


Now appeals in capital in the first instance 90
20 the Supreme Court This is the chief Of The great
aa The defeated party is sS!t saSa Ts es
70 the Court of Appeals. The appeal 10 the supreme
Court Of 10 use to the prisoner or to the
the statute OF 1882 decision in the Supreme Court IN
reason for taking case that Court This bill was In-
roduced the Assembly the first day OF the session,
amended so as 10 permit the Judges in the district
where the conviction takes place to allow writ OF error
the bill was reported substantially as drafted it, The
bill originally provided that none but jude OF the
Court of Appeals could grant writ OF error or allow


Recorder Hackett has recently drawn a bill embracing


An act procedure motions for trials regari2s


rst Jadicis distinct Of Peace


and for the city and eoaotI Of and to regulate the Court


This bill seeks (among other thlng to obtain one OBJ
Capital cases shall returnable to the Court of
Appeals This bill as drawn contains many fatal oblec
TO the Court of oyer and Terminer and the Court OF
General Sessions of this County. The powers OF the
Courts OF Oyer and TerInner throughout the State
should be the same. There is no reason why
the Of the Court Of 3yeE aud So0G Ter%i %
different from those Of the Oyer and Termner Of the
in oi the State or There NO why Il
commit murder in Brooklyn, no should have any better
he perpetraed similar oense in New-York There is
reason why convicted murderer should have any
better opportunity for obtaining new trlal III one


The Recorders BIZ! contsns the following provsions


No @ Of e1paoas upon OnvhOH IN III Cori Of oger and
Ts q. con-; q G..ra sSa, q ne Pso'. l,,s IL and for
sslsd and dsg signed days 0e oosron that
@ M eaaS Of aHes Of fudge or counsel ~ ts1s J'T stng may
Of M Frs, judicial D'r Vh1a order or orders s'dH @ d ~


This provision would result in great oppression and
injustice The mode Of getting bill OF exceptions duly
settled and duly signed" is follows After the trial,
the counsel for the prisoner prepares proposed bill OF
exceptions and serves copy on the District Attorney
1t is then the duty OF the DisrictAtoney TO serve
copy Of bis amendments df he proposes any upon the
counsel for the prisoner After that the latter gives
bill OF exceptions to The court for settlement Al the
tone and the presents his proposed
amendments the court determines what amendments
shall be and what shall not be allowed after which
an engrossed copy Of the bill OF exceptions, settled
by the Judge must be made and that copys signed by
get this done In ten days There where, with
the possible speed the part Of counsel for de-
In some time necessary Delays
occasoned by the DsrctAttorney, on account OF his
numerous and pressing engagements. Delays may be
Occasoned by the Court in the Of Stokes by the
absence from the city Of the Judge who presided at the
trial. =,


According to this provision In the Recorders bill,
Ssepts tme aboush he should work night and dsy
until he got his bill or exceptions drawn and served, 1t
would be invalid by reason of the negect-Whether In
territorial unavOdabeOf the District Attorney the
Court TO do their part getting 1t "duly settled aud
duly signed within ten days after conviction" The
Recorders bill does provide hat the DisrictAttOr
Dey shall his proposed amendments within given
Court shall settle the bin Of exceptions BY the provs
IONS of the Recorders BILL the DstrictAttorney could
prevent any person convicted from getting his
case before higher court After gets into the
Court OF Appeals either the Attorney or the
counsel for the prisoner should have the right bring
the for argument, and my bill provides There
is why, If the District Attorney neglect
omit to proceed the prisoners counsel should not be
rmitted 10 notice and bring the for