Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1852-02-20
B-A column Of interesting matter will be
found on the first page.
Legal copnsei fer Destitute Prisoners.


All commentators on law, agree that it has been
instituted fer she preservation Of society," Tor the pro-
lection Of innocence and for the punishment Of crime
Its primary object is the conservation of those in
stitutions Of family and property, which are to be
held sacred under ak forms of government 1t is
intended, presua'ed be intended to secure Jus.
tice TO every citizen Of State.
This intention, ii il holds good in any State in
the world, holds good in Massachusetts. Here the
laws are established to secure the fullest measure OF
justice between man and man. 1t happens, howev
er that foriuitous circumstances, not provided for
IN the written Statutes, and TO which they Of course
cannot be Immediately adapted, arise, which may
result sometimes in the negalon Of all the prn-
ciples Of law, justice and right For instance it is
principle IN law that il person is found in posses
sion OF stolen property, and cannot satisfactorily ac
count for the possession is held to have sto
'enIi and is punished accordingly In cases Of this
Kind, where defendant is able to procure counsel,
no difficulty is likely to arise for all that legal know.
edge and ingenuity can do to save him from punish
meat, will be done. In cases, however where de-
tendant is poor, ignorant of the forms of law and
unprepared in every respect defend himself from
this presumption of theft gross injustice may arise,
and neither the court jury be able to prevent 1t.
The duties Of both court and jury are rigidy pre-.
scrioed by statute, and they cannot devia,e from
Those duties upon any account.
An instance of the kind to which we refer, occurr-
ed % tbs Municipal Court Of Boston hast week. A
prisoner by the name Of Burchard was charged with
having stolen pistol. He informed John NJ Spear
that he was poor, had no counsel, ami was innocent
of the crime though the property was found in his
possession, and that If witness could be summoned
he would testify that he had it Of person who had
lett the city on the day he wasSarresled.
Mr.. Spear stated his case to the Court and asked
q the government would not summon the witness for
the prisoner. The Judge replied that Courts have
no power to do that, excepting in capital caaes.
Unwilling 10 have the poor prisoner tried without
the testimony of the witness, Mr. Spear paid the ex-
pense himself. He came, and on his testimony the
poor man was acquitted.
Now, il this benevolent effort had not been made,
the prisoner would have been convicted land perhaps
sent to States Prison. Is it as much the object
OF law to secure justice to poor man accused Of
crime but innocent, as il is to secure justice to the
man whose property has been stolen? Why should
poor, innocent man be constrained TO defend him
self from charge which may be false, and f he
does t7ecannot-deiead himself legally why should
ne be inevitably condemned to suffer? Allsuch trials
are trials between reputation and properly, and the
State is as much interested in the preservation Of
poor mans reputation as it is Of his property.
In our opinion, the Courts should have it IN their
power to appoint counsel for the poor, and also to
summon witnesses in their behalf Such an arrange
ment would emphatically render the law Courts in
Massachusetts the temples of impartial justice.