the percentage was eighty-seven per cent. In Texas it was only
thirty-four per cent., and in Arkansas and Kentucky not much over
forty per cent.[Footnote: _Law Notes_ for June 1904,
p. 285.]

Many more appeals are taken by convicted persons in criminal
cases at the South than in the North. Many more criminal
prosecutions are brought there, in proportion to the population.
This is due largely to the presence of so large a body of colored
people, most of whom have had a very inferior education and
training. Many more such appeals are successful also in the
South than in the North. In the reports of the courts of last
resort of Alabama, Florida, Louisiana and Mississippi between
December 20, 1902, and April 25, 1903,[Footnote: As given in
Vol. XXXIII of the Southern Reporter.] ninety-four criminal cases
appear, in forty-six of which the judgment of conviction was set
aside. In Connecticut, Delaware, Maine, Maryland, New Hampshire,
New Jersey, Pennsylvania, Rhode Island and Vermont between March
12 and June 25, 1903,[Footnote: As given in Vol. LIV of the
Atlantic Reporter.] the reports show only twenty such cases, of
which seven were set aside.[Footnote: _Law Notes_ for
September, 1903, 105.] This would seem to indicate either that
the trial judges of criminal courts in the Gulf States are
careless or that the appellate courts there (under the pressure,
perhaps, of unwise statutes)[Footnote: See Paper on "Judicial
Independence," by Justice Henry B. Brown in the Reports of the
Am. Bar Association for 1889, 265.] are inclined to be too
technical. If either is true it is a just cause for public
dissatisfaction with the administration of criminal justice, and
some palliation for the frequent resorts to Lynch law by the