Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1871-01-31
That Substitute for the Grand Jury
System.

system.
The reformers who have been tink-
ering NJ our criminal laws have got up
bill 10 the Legislature which will
send a man to Waupun before break
fast without any expense, and with
out any trial. All fellow has to do
is to 90 before q Probate Judge and
make a confession, and the Judge
gives him a ticket to Waupun or the
county Jail, without any expense.
Our reformers are Of the opinion
that these galloping convictions are
the very perfection Of economy but
if they fill our jails with all classes Of
petty criminals who may choose to
confess their guilt rather than make
a defence, we question about the
economy. There will be real fun in
going to jail hereafter. That array
Of court, Judge, juries, lawyers and
people that used TO terrify the mag
nation Of tho juvenile offender has
melted away. All that the criminal
has 70 do is to apply to . father con-
tcssor, admit his guilt, receive his
sentence, perform the penance. and
pass through the laws gentle chas-
tisemcnt unscathed.
Why not let tho Justice that hears
the evidence ut once receive the con
fcssion, and inAict the punishment :?
And since the law intends TO make
a private matter of crime and trial
and punishment, let the Justice con-
fine him ten days in his cellar, to live
on turnips and raw potatoes In fact,
the Legislature should require every
Justice to have u private jail Of his
own. Suppose the party confessing
his guilt should wish to withdraw his
confession and stand a trial-but thi.
would DO Of little Importance, since
lac had already suffered the punish
ment. We know it is sometimes
practced now, that when q pugilist
knocks neighbor down just to keep
in practice, he runs off to some leni-
eut Justice Of the Peace, confesses,
and is fined Sl.O0. All honest rogues
will certainly avail themselves Of the
opportunity now offered OF confessing
their guilt but if these penitent cul
prits should crowd our jails we don't
see the economy.
But for the more serious offenders
the Legislature intends that the Dis
tricL Attorney shall either try every
body bound over to the Circuit Cour
for trial, or if he does not choose tC
proceed, ne shall deliver over the ev
idenco taken down by the Justice tC
the Judge, and the latter may order
the defendant to be tried, if he thinks
tho evidence shows probable ground
OF guilt. This is startling idea tc
require Of the Judge to act as prose
cutter, and say in advance 10 tho nc.
cuscd party that the Judge believes
him guilty The defendant woulc
then change the venue on the grounC
Of the Judges prejudice, and here
will be economy with vengeance
The people of Grant county have haC
some experience in the expense at.
tending change Of venues. Surely
20 Legislature will require Of a Judge
10 pass on the evidence against an
accused party in advance. If he
District Attorney tries every body
bound over TO Court, there will be
40 end 20 criminal trials. lie cannot
Discriminate in all cases.
The Legislature should commit this
important trust Of determining who
should be tried for crime to IN un-
preiudiced body Of men, in whose
wisdom and discretion the public has
confidence. II they do this the pco-
pie will 10 satisfied.