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x PREFACE TO VOLUME TEN

Just think of thi, O! shades of Bentham and Broug-
ham, who more than half a century ago helped to wipe
out these absurdities from thé old English Procedure
which, the work of churchmen in the middle ages, had
lived unto the nineteenth century. Is there any other
part of the civilized or uncivilized world where such
things as Courts of Justice are known, that such a
condition of things exists, outside of some of the Amer-
ican states? A man’s life or liberty, the question of
his guilt or innocence, depend not upon the evidence
or upon the idea of justice, but upon whether or not
somebody has put the necessary thing in the right
document or in the wrong one. The people of Georgia,
in establishing their Supreme Court, must have be-
lieved they were creating a high tribunal, where be-
yond the prejudice of particular localities, a convicted
man would have justice administered in its highest
form. Who made this limit to the court’s jurisdic-
tion? Did the people ever demand that the court
should shut its eyes to what it could see and its ears
to what it could hear? Or was it not the court itself
which made this rule which denies justice untess it is
asked in a particular form?

And the Supreme Court of the United States had
not a word to say on the only question that either the
priaoner or the people of the state cared a rap about,
viz.: did Leo M. Frank murder Mary Phagant
Whether Frank was in the court-room when the ver-
dict was returned had as little to do with the fairness
of the trial or of his guilt, as would the question
whether he wore a black or a grey coat or a red or a
blue tie when the witnesses were examined and his
counsel addressed the jury.*

3%p Continental practice the prisoner is excluded from the room
when the jury announce their verdict. The editor inquired of a

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