| Show an unpleasant contrast english and american C courts I 1 in the course of some very abib abl abi e comments on the easo case of col vai val entine bawer baker r the current number of or the galaxy attention r to ehe the swiftness with avith which the punish punishment in e t followed t k ehrne the event itself hail hau hardly ceased to bo be the them subject et of c conversation here among men 0 only ril zil y 0 of course when the L london ondon papers arrived with 1 a f fuli full u re report P 0 at 0 of r the tho 8 11 nv 11 trial which ended with at h t the h e c conviction Q i of colonel bonel baker a conviction which brought upon him not only a sentence of fino fine and ment went butu ater as an a g gentleman e nt tam ibm a there is ve very r y 1 impressive m pr tn sive dive in this sure sureness ness nebs and swi of english justice law thus administered is a 9 terror to evildoers administered in an uncertain halting fashion it becomes their scorn almost tl leiE their lele iele laughing sto stock dk 11 this Is a point ca can arix norbe iya dwelt upon too earnestly for fur the tile benefit lene tit ot of amerlean american readers reades how iio ilo 7 0 reut great reat the contrast with our crimi ual jurisprudence there is not a reader olour of our daily papers papera but well knows the course that thai would havu havo been pursued in this country by an accused of such influence and command of mon money moneys as colonel baker possessed there would have been a iong long lega legal quarrel over the indictment with the obe chances decidedly in in dav favor or of its being bellig quashed d the case continued to another term and the criminal released u upon oia ola bail tp circulate among his frie friends rids t to 0 work up public influence in his bib favor and to create the desired sentiment in the minds of cfall all ali likely to be ailed sailed upon the coming jury at the next term of cobit if mattes were not arran arraD arranged zed ged through our foolish rules of jury ma making mi ng to fulti the prisoner there would be the th thousand exceptions the appeal and the order for a new trial the accused meantime going at large for fon another half year change arigo arige of venue would also be granted him if lie he wanted it and upon grounds utterly and finally niu riu ally aily when tri trl trul a I 1 should be reached jt if ever the memory of tuo tue offends would so have he died out and coun coult have been so industriously triou sly created that a conviction would have been almost impossible l sueh buch would undoubtedly have been the course of the baker balei treal trial in amark ft 4 instead of the most admi admirable rubie ruble one ohe witnessed in ED eng land the cause causi s of the differences difference i 1 are not difficult to point out th they whey lie lvery ivery largely in the deba debasement emen 47 of pur judiciary through the mixture t of two things which should ba be forever for fur ever separate politics politico and taw law much of the evil is owing also to the rapid les ies ening of the influence of judge over jury jirry nn an influence which is now almot almost t nothing in criminal cases casts t of great interest the judge ia i a mere figurehead availing little for gaoa bt bul an immense engine for evil in tha that tany uny nuy one of the thie errors constantly committed is ground for a now trial buethe but the great source of the evil and one that involves all other others is the cAni stant and ignorant tampering of legislatures Legisla tures turea with existing law we have rejoiced amazingly here in america over our improvements uj on english law laly something we have unquestionably accomplished in civil practice by the howard code all others am aru founded on that which did awny away with ohp th special af the L english courts but even that advantage has been greatly overrated butin eutin but in out amendment amendment of criminal practice wo we have blunder 4 ed outrageously oy law isa is a science q agre agro a great atone one alid and shaped bythe by the experience of ages yet every little pettifogging lav lat compe tent to t eon conduct luct luet u a caseb eforo a justice of uie the peace who gets in into to bur haegi rushes in some new liew lawi jaw for fop the ofle kerle berlt lenfant Len font nit fit ofa ora fa constituent ot two often fot tot the beiJe benefit nit fit of the worst cia clason cla our out population which upsets every jurisprudence established from time whereof the membry bf of man runn nunn etli etil lot riot to the contrary and the tho result is an atrocious bungle which makes the prompt colv C tion 0 of f erime crime almost an jy ity J one 00 more extract from fron the gl aly abys 8 account of the ibe baker trial triai 7 and then what dignity and cal eal calmness in all the tho proceed proceedings hll hil 8 they ere were ero simply the result of common sense in dinits kits bits highest form applied to the case before the court the p prejudice against the prisoner a swell s e stan staff officer of the military camp at aldershot aldershof Aden Alder shot hot was very ve greit the Lof jurors was from the very kery first clas elas that of small smail respectable pec table tradesmen who would 1 eel feel this prejudice pr judice most strongly there was nol lol a man of or them theiu we may mayie mayre lre lie sure that had not discussed the ddn iff addair affair air freely everyday since the became known not one of them who had bad not formed an 0 opinion p in regard to it and yet th there ee or was waa ho quibbling over the question whether a dozen such men could li thet thel testimony and bring lna ina in a verdict according to the law and evidence the jury was drs brwn wn and impanel led in a few rew minutes there was not a chal chai challenge iengo lengo on either side not one nut rift but tho the most admirably admIra blo bio part of this a imitable proceeding bedin was that of the judg judge e g his s charge was wai a model charge chargo ho rio did no not argue the 6 case for fon or against either side nor did lie he merely recapitulate the evade evidence uce and leave the jury without instruction he sought to aid them theney and to direct their judg menis men lg not as to what they should do but as to what should be done he pointed out to them very care carp fully and lucidly the distinction between the two lenses offenses of with which the prisoner was charged and did this in such an instructive manlier that any person nary intelligence could understand the point and form a gound judgment upon shil shall a wo we ever return to such practice tice in tile the criminal courts of this thir country possibly but not dot till 0 our ur courts are effe effi effectually actually separated from our politics Cincin cincinnati nall times |
