THE GREEN BAG mony, which has just been carried out, in cluded a procession nearly a mile in length with over a dozen military bands, and certain allegorical tableaux upon "floats." Arrived at the Law Courts the Mayor left his state carriage and, preceded by his officials, entered the Lord Chief Justice's Court. The business of the latter was temporarily suspended, addi tional judges left their own courts and appeared on the bench, and an introductory address was delivered by the Recorder. This was fol lowed by a homily from the Lord Chief Jus tice, who, as is customary, availed himself of the occasion to speak of matters connected with the administration of the law, especially a new act which makes provision for counsel for the defence of accused persons without means, and other subjects of general and muni cipal importance. At the conclusion of the judge's remarks the Lord Mayor was sworn to administer the law justly, and then before re turning he tendered the usual invitation to the judges to dine with him at the Lord Mayor's banquet in the evening. Reference was made in these columns re cently to the case of Adolph Beck, who was twice convicted and who served one term of seven years' penal servitude, for a crime of which he was innocent. He was the victim of mistaken identity, and under such circum stances as aroused the indignation of the pub lic to a remarkable degree. In order to ex amine into the circumstances and to ascertain the responsibility for so great a miscarriage of justice, a commission was appointed which was presided over by the Master of the Rolls. It heard the evidence of the police, of the counsel in the case, the representatives of the government, and even of the judges who tried the accused, and has now issued a carefully considered report. It exculpates everybody, but suggests that the Recorder, who was the trial judge in the first conviction, was in error in refusing to admit evidence which would probably have disclosed the mistake as to identity, and should have stated a case which would have enabled the points of law to be reviewed upon appeal. It also suggests that in the Home Office there should be a specially qualified legal adviser to the officials to whom applications by way of petition from con victed prisoners are made; but to the surprise
of many connected with the administration of the criminal law it reported that a court of criminal appeal is in the opinion of the learned commissioners unnecessary. This to the mind of an American trained to regard appeal in all criminal matters as a right inherent in the in dividual, and as a matter of course, may seem a startling conclusion. But there are grave objections to the institution in England of a criminal court of appeal which will be appre ciated by those who have had experience of the administration of justice in the United States. It must be apparent that at least nine out of ten cases, and practically all capi tal cases, would be appealed, on the chance that some technicality in the evidence might be found which would lead the appellate judges to order a new trial. A second trial after some interval of delay is largely in the ac cused's favor, as not only are witnesses less certain of their evidence after a lapse of time, but in the interval they may have become subject to influence in the prisoner's behalf, or may possibly have disappeared. It is further urged that if a prisoner convicted of a capital crime is guilty, one of the chief objects of criminal law is defeated if punishment does not descend upon him swiftly. What will probably come to pass is the mak ing of some additional provision for the en couragement of judges to state a case for re view by a higher or other court, and for having such cases heard forthwith. This would not involve the reading of masses of papers and voluminous transcripts of shorthand notes of evidence, such as would be necessary if crimi nal appeals were to be allowed as in civil cases, where it is alleged there has been a mis direction, or that the verdict is against the weight of evidence or that the sentences are excessive. Counsel defending a prisoner may, if the new rule, is adopted, ask the judge after sentence has been pronounced, to state a case involving the precise point of law upon which he thinks the courj; has erred, and if that is done and the point can be argued and sub mitted to other judges within ten days or a fortnight, as would probably be the case in this country, the chance of the miscarriage of justice would be reduced to a minimum, while the majesty of the law would be unimpaired. 'STUFF GOWN.
