8 THE COLUMBIAN. BLOOMSBURO, PA. THURSDAY, KKHKUAltY 6, 1908. CRIMINAL LAW AND PROCEDURE By Col. J. O. Freeze. The criminal cdMe and precednre in Pennsylvania are the outgrowth of a commission, authorized by a Resolution of the General Assem bly of the 19th of April 1858, page 523, "to eolket all the statutes re lating to the Penal Laws 'of the Commonwealth, to arrange the same systematically under proper litles, to suggest improvements, to designate such as ought to be re pealed, and to prepare and submit new statutes, which seem to be ad visable or necessary, for the con si Jeration of the Legislature." Under the Resolution, ihe Gov ernor appointed bs commissioners to report upon the .subject, lid ward King, John C. Knox, and David Webster, who made a report to the Legislature, dated January 4th, i860 and accompanied by a codifi cation and system of Criminal law which was adopted by the Legisla ture, and signed by the Governot, March 31, i860. Under that code and its various amendments and additions, we have continued near Ip fifty years and there is a strong feeling among lawvers, that a re vision of that revision is highly necessary. It is not my purpose to take up and deal with that question, except incidentally, but to give a brief historical resume of 1 the criminal law as we have it, and its derivation and growth from and out of the law of England. It was, among our English An cestry, a growth from mere savag ery, when the rule was, "Let those take who have the power, and let those keep who can," that there began to be a rig lit of property; and while men took such as was unappropriated, possession being nine points of the law, the rule that might was right, ceased to exist. But for many years that was a rule only among the common people as to themselves. The ruling classes held the common people as serfs and their property as legitimate olunder, which they had the power to take and the power to hold. For the protection and establish ment of the liberties of the people, the writ of Habeas Corpus was the greatest safeguard to these liber ties. Its origin is lost in antiquity, but it was well known to the Com mon law, which is or was, a body of unwritten law, and was in use even before Magna Charta, which dates from June 19th, 1215, in the reign of King John, and is the most ancient written law of the land. The Habeas Corpus Act of 31 Charles II, (27 May 1679) provid es the great remedy for the viola tion of personal liberty. The full title of the Act is "Habeas Corpus and subjecienduni" "That you have the body to answer." It is a writ of right. It is designed to give the person in confinement, or who is restrained of his liberty, an immediate opportunity to test the question of law involved in his im prisonment, or restraint. Thus under Magna Charta of 1215 and Habeas Corpus ot 1679, the personal rights and liberties of the subject were ordinarily well se cured and protected. But the King or some of his powerful Lords and Barons, occasionally thought that the rights and liberties of the sub ject were too carefully guarded, and therefore when some person, obnoxious to the King or to the Baron, was to be gotten out of the way, he was arrested and imprison ed; and as he was likely to be dis charged or bailed under Habeas Corpus proceedings, the King is sned a writ of Oyer and Terminer which was sent into the county where the obnoxious gentleman was conhned, to try him. You ob serve this was the Kiug's writ KIDNEY TROUBLE The importance of knowing just what to Jl 1 1 ' ... T ' . u wiiuu uuo una sjuuey iutieano or urinary troubles, is best answered by the following letter which wits recently published la the Poughkeopsie, N. I., Kews-Preus : Mllleiiton, Imtchess Co., N. Y. more than eighteen months I was ao badly uuctea who uuney trouble 1 oouia scarcely Walkaauartt.rfifAlnllAwiMir.ii4 nl.nr.uf faint ing. I did not gain any until I began to use Dr. David Kcnuedy's Favorite liemody. After using the first bottle I noticed a de cided improvement which continued, and I mvw mat DR. DAVID KENNEDY'S FAVORITE REMEDY saved my life, for I was in a miserable con djtion up to the time I begun to take it nv friends thought I never would be better. My sister abo has been very sick with bladder trouble for over a year, no bad that Quantities of blood would come from her. She suffered at times most frightful pain, and nothing seemed to help her until she began the use of Dr. Duvid Kennedy's Fa vorite Eemedy. Hhe is now using her third bottle, and hi like a different person. MR81 THOMAS DYE." .writs Dr. parld Kennedy's Hons, Roodout, N. Y, sWfrMMmpUtwttte. UriotKXUMfUAUdragglstii "A Good Name at Home" Is a towpr of strom:tb abroad" nnd the excellent reputation of C. I. Hood Co. and their remedies In the city of Lowell, where they arc best known, Inspires couddenee the world over, not only In the medicines but In nnythlnx their proprietors say about them. "If Made by Hood It's Good." "I believe Hood's SaranpnrlllA the best, nit ronnd family medicine known today." Mrs. U. D. Farley, 052 Wilder St, Lowell, Mas. "I recommend Hood's Rarsnpsrllia to any ono." John 13. Durrv, 14 Auburn Street Lowell, Mass. 'I am a strong and healthy woman today, from taking Hood's Snrsanarllla, which I keep In the house for all the family." Mrs. FannicIUlch, 108 Leverett St, Lowell, Mass. "I consider nood's Sarsaparllla the best blood-purifier In the world." Mrs. Jinnib E. Caulton. 113 Lllferty St, Lowell, Mass, Hood's Sarsnpnrllla Is sold everywhere. In the usual liquid, or In tablet form called Sarsatabs. 100 Doses One Hollar. Pre pared only by C. I. Hood Co.. Lowell. Mass. not by or under any law of the realm and he appointed the Judges who held the Oyer and Terminer and jail delivery. These judges were sent to hear and con demn, and generally did so. A few examples of such writs extract ed from "A History of the Crimi nal law of England" by Sir Fitz James Stephen, Vol. I, page 107, will show what these courts were. The first express mention of them is in Statute t3 Kdward I. Chap. 29, (A. D. 1285), which statute is in these words: "A writ, of trespass, to hear and determine, from henceforth shall not be grant ed before any justices except justic es of either bench and justices in eyre, unless it be for a heinous trespass where it is necessary to provide speedy remedy, and our Lord the King of his special grace hath thought it good to be grant ed." This of course implies that the practice had previously been different. The exception made in the Statute left in existence, if it did not introduce great abuses. This appears from a petition in the Parliament Rolls of 1315 thirty years after the statute. The petition savs: "Great evils and oppressions against law are done to many people by granting com missions of Oyer and Terminer, more lightly or commonly than is proper, against the Common law. for when a great lord or powerful man wishes to injure another, he falsely accuses htm of a trespass, or maintains some one else on whom he"(his enemy)" has tres passed, and purchases commissions of Oyer and Terminer to people favourable to himself and hostile to the other side, who will be ready to do whatever he pleases, and will fix a day of which the other side will either receive no notice from the Sheriff and his bailiffs (who are procured to take partwn the fraud,) or else such short notice that he cannot attend; and so he is greviously amersed, name ly, lbs. 20, or 20 marcs, or lbs. 10, at the will of the Plaintiff: and then he has another day appointed him in some upland, inconvenient village in which his adversary is so powerful that the defendant dares not go there for danger of his life, and can have no counsel for fear of the same power- And thus he is fined three or four times the value of his chattels, that is to say, a common man, 26 lbs , for a day, or 100 marcs or 40 pounds, more or less according as the plain tiff is urgent." "And if. the de fendant keeps his day, he will either receive bodily barm, or he will have to agree to do more than is in bis power, or a jury from dis tant parts will be procured which knows nothing of the trespass, by which the defendant will be con victed of the trespass, though he may not be guilty, and the dam age taxed at the will of his adver sary, that is to say for a trespass for which 20 pence would be enough, at 200 lbs, 400 lbs, some times 1000 marcs, and if the party convicted is caught, he will be im prisoned, and remain there until he has paid every penny, or until he agrees to sell his land; or until his friends pay, if he is ever to get out. And if he cannot be taken he will be put in exigent and exiled for ever."(by being outlawed." And this ftom a petition to Par liament to have the Writs and Com missions abolished. No wonder that in the Pennsyl vania Constitution of 1791, the Declaration of Rights provided, OAHTOHIA, 3aw the llie ln(1 m m Alwa"8 Bontflt U 1 1 1 THE COLUMBIAN, that no commission of Oyer and Terminer should ever be issued. And it was repented in the Consti tution of 1838, and in that ot 1874. The powers and duties of the Criminal courts as they exist at present are regulated by the Con stitution of 1874 Art. 5, Ses. 1 in these words: "The judicial power of this Com monwealth, shall be vested in a Supreme Court, Common Pleas, Courts of Oyer and Terminer and General Jail Delivery, Courts of Quarter Sessions of the Peace, Or phans' Courts, Magistrates Courts, and in such other courts as the General Assembly may from time to time establish." And by section 9 of the same Ar ticle: "Judges of, the Courts of Common Pleas, learned in the law, shall be judges of the Courts of Oyer and Terminer, Quarter Ses sions of the Peace and General Jail Delivery, and the Orphans' Court, and within their respective dis tricts, shall be Justices of the Peace as to Criminal matters." As to the words "Learned in the law," they are construed in the case of O' Mara vs. The Common wealth, 75 Pa. 430. So. while we have Courts of Oyer and Terminer issued, but the same Judges who hold the Common Pleas hold the other Courts, any two of them, the President being one, constitute the, court. But an important part of that court are the Jurors Grand and Petit. The Grand Jury seems to have grown out of the constitution of Clarendou, 10 Henry II A. D. 1164, by which, incase of suspic ions against persons whom none wished or dared to accuse, author ized the sheriff, being - required thereto by the Bishop, to swear twelve men of the neighborhood or village, to declare the truth. They were persons who knew the facts and declared the truth. From this beginning the Grand Jury grew up; the steps and processes are un known, but the twelve men grw to twenty-four, and from being persons who knew the truth, they learn it from witnesses who testify before them and whose testimony is inviolable. The present Pennsylvania Grand Jury seems to be cumbersome and unwieldy; it is unworkable and un duly expensive. It is composed of not less than twelve nor more than twenty-four, and if twenty-four answer to the call, one of them is discharged, although twelve of the twenty-four men c.:n find a true bill. The twelve who say "No" if the twenty-fouf were left on, cannot overpower the twelve whol say "Yea but notwithstanding, one must go. However, in many of the United States, either by con stitution or by statute, there has come to be a great difference in the number required for a Graud Jury. My researches into the subject enable me to present the following facts which are a little curious and auite instructive, udou the Question - I of making some statutory changes ; in tne criminal practice and pro ceedings and personnel, in Pennsyl vama. In Indiana, Illinois, Iowa, Ne braska, Oregon and Colorado, the . constitution gives the legislature , authority to make laws dispensing with a grand jury in any case. And in Alabama and Mississippi there is provision for other process in criminal cases. In Nebraska, the legislature may provide for holding persons to answer for crimi nal offenses on the information of a public prosecutor. In Oregon sev en men are drawn from the body of jurors in attendance, and sworn as Grand Jurors. In Utah the law is the same. In South Dakota, not less than six nor more than eight. In Idaho, sixteen. In Washington not less than six nor more than seventeen. In North Dakota not less than sixteen nor more than twenty-three. In California nine teen, New Mexico twenty-one. In several states seven, but five can find a bill; in others twelve, but nine can find a bill. In Virginia nine to twelve; seven fiud a bill; in Florida twelve to fifteen, eight can find a bill; in Indiana six, five can find a bill. It is clear that there .is no magic in the number 23 for a grand jury, with 12 to find a bill. The varia tions prove that the younger states are progressing and that the Com mon low rule is cumbrous and MODEL W SUSPEND SENSIBLE, USEFUL GUTS iorttie HOLIDAYS Attractively racked la Haadaoma Untie rair Boxes thr eoWU man u MUt nbbar Ifcaa ! Maw mmk, h loM-fMt aoa-raMaf natal part aaa firaaf aora taal miri nl thioof. Th Btw bul tiM mm awaito) wm u4 mm M Battar wkat paitUa lha koaf mar imm THEY OUTWEAB TBI Est OIDINAIT BINDS. WHICH MEANS THIEE TIMES f HE SEBVICB OF USUAL SO CENT SOITS TkaJVOrr COMFOMTABLM aa.aar mmim far mmm. rants) oe bey U UiM, Bmwt M Iin Han Wrtihu, tra Uu (X Extra OmS Tfeay aaak. f aaspaaalva lf la vary otaa. yoatb. or bor will iiaaly racatve) EWES A rOTTEI. Dat. , 87 Llacata Slraal. Baatea. Maaa. Ow walvl Svu Dm InraM Own .wm Cum maUaa tor 10a. pataua, Inrtraatt . 1I. "Stilt, at BmtoVrawUwTMUF." Ira II fuaaMaltoa ibit aabUuUla 1214 BLOOMSBURO. PA. ought to be abandoned. I am of opinion that a Grand Jury ought to be called, and I am also of the opinion that the number seven is sufficient for a Grand Jury. Cer tainly the present number is ex pensive and cumbrous, and as a true bill merely requires the de fendant to be put upon trial, it is less dangerous when seven find a bill, than it would be when twelve out of twenty-three find one. At any rate it is a question for legisla tive consideration. Along this line the legislature of the state, at its last session, passed an Act providing that in certain cases, defendants may enter pleas of "guilty" and be sentenced forth with, without a bill of indictment being presented to a grand jury. There is, as it seems to me, alto gether too much delay and fuss and feathers about the administra tion of the criminal law, with re spect to minor offenses. Prompt justice, whether it be ac quittal or conviction, is most economical; and it is a deterrent from wrong doing. The District Attorney ought not only see to it that no guilty man escapes, but al so that no innocent man is im prisoned or held under restraint, f he condition of public manners and morals requires and demands prompt punishment, and the maxi mum that can be imposed. The truth is, there is no substan tial or satisfactory reason why any criminal charge should go before a Grand Jury, certainly none below a felony. If the investigation has any effect at all, it is against the prisoner, because the finding of the Grand Jury is the opinion of at least twelve men, that the accused is sufficiently guilty to be put on trial. But the case can be as well prepared and tried, and can be as well prepared and defended, with out the intervention of a Grand Jury, as it can after that most pon derous body of gentlemen has sat upon it. I am making no attack upon the organization called the Grand Jnry. It is an important and necessary help to the court, and to the citi zens of the county in many matters relating to the expenditure of mon ey, and the general management of county affairs. But as a part and parcel of the criminal court, the Grand Jury is a back number. It is very evident from the facts presented in these few remarks, that fifty years ol the present Crim inal Procedure Legislation has shown that it can be greatly sim plified, and made much less expen sive to the county and much more speedy and certain in the punish ment of offenses. As for example: Last year the Grand Jurors were paid, by County Statement $925. 49. Twelve would reduce the amount one-half, and seven or nine would cut off another large Mim. Dr. Miles' Antl-Pnln Pills relieve pain. Hoarding of enormous sums of money in gold by foreign-born miners and saloon keepers in Schuylkill county has been disclos ed by investigation by bank offic ials. Of the sums of money re ceived from foreigners for liquor licenses, all was in gold. Mine of ficials state that the hoarders are men ignorant of bauking customs and privileges. AUDITOR'S NOTICE. B$kto of AM York, DtoeaneH. Notice is hereby given that the under signed, appointed an Auditor by the Or phans' Court of Columbia county, on exceptions to the second and final ac count of Asa Yorks. late of said county, deceased; and also to make distribution of the estate in the bands of his Execu tors, will sit to perform the duties of his appointment, at his office in the town of Bloonisburg. on Thursday, February aoth, loot, at 10 o'clock in the forenoon, when and where all persons having claims against the estate, or interest therein, must appear and present the same, or be forever debarred from com ing in on the said fund. JOHN G. FREEZE, Auditor. Fred Ikeler, Att'y for Executors. A. L. Fritz for the Heirs. Wm. Cbnsman for Exceptions, l-16-ta JERSEYS Combi.iation and Golden Lad FOR SALE 2 Cows, 3 Heifers and 12 Bulls. 8. E. NIVIN, Landenburg, Pa. ?-a3-iy B u-S-tf its FAIR WAllSNINCr. The Great Surplus Stock Sale is now in full swing, and is draw ing crowds from far and near. Attractions and money saving chances daily. For particulars read the Weekly Bulletin. Alexander Brothers & Co., j DEALERS IN : Cigars, Tobacco, Pipes, Confec- 1 tionery and Nuts. 2 o 2 Fine Candies. Fresh Every Week. ' gj Penny Goods a. Specialty. J SOLS AGENTS FOR 8 JUPITER, KING OSCAR, WRITTEN GUARANTEE, S COLUMBIAN, ETC. 5 Also F. F. Adams & Co's Fine Cut Chewing Todacco. ALEXANDER BROS. & CO., Bloomeburg, Pa. IF YOU ARE IN NEED Carpets, Rugs, Hatting and Draperies, Oil Cloth and Window Curtains You Will Find a Nice Line at W. M. BBQWEB'S BLOOMSBUEG, PENN'A. &9S''99S'9S,'iS''3S,'i-&&S''d.1i8.'SS.&3& WHY WE LAUGH. "A Litile Nonsense Now and Then, h Relished by the Wisest Men." Judge's Quarterly, $1.00 a year Judge's Library, $1.00 a year Sis Hopkins' Hon., $1.00 a year On receipt of Twenty Cents, we will enter your name for three months' trial subscription for either of these bright, witty,' and humorous journals, or for One Dollar will add Leslie's Weekly or Judge for the same period of time. Address Judge Company 335 Fourth Avenue New York W. L. Douglas AND Packard Shoes are worn by more men than any other shoes made. Come in and let us Fit You With a Pair W. H. MOORE, Corner Main and Iron Sts., BLOOMSBURti, PA. Visiting cards and Weddine invi. tations at the Columbian office, tf , B) OF ) O) 2 Our Pianos are the leaders. Our lines in ciuae tne following makes : Chas. M. Stieff, Henry P. Miller, Brewer & Pryor, Kohler & Campbell, and Radel. IN ORGANS we handle the Estey, Miller.H.Lehr & Co. AND BOWLBY. This Store has the agency for SINGER HIGH ARM SE IV. ING MACHINES and VICTOR TALKING MA CHINES. WASH MACHINES Helby, i960, Queen, Key stone, Majestic. j.saEtzer, Music Rooms No. 105 West Main Street, Helow Market. BLOOMSfiiRG, PA.
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