Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1873-10-25
.TIpRIsoNING WITNESSES.

We read frequently Of instances
where witnesses, who, BY misfortune,
were present at the commission Of
somo crime have been arrested, forced
to give bonds for their appearance at
court to testify, and In default Of such
bonds have been committed to jail.
Sometime since we referred to the case
Of a mar In San Francisco, who was
imprisoned In this manner for over
seven months, and for aught we know,
Is still lying In Jail In that city. More
recently we alluded to the cases Of
Hart and Redmond. the two hall boys
who were employed at the Grand Gen.
trail Hotel when Stokes shot Fisk, and
who had been detained ever since In
jail as witnesses. Stokes has had two
trials, and Is now enduring his third
ordeal. These two boys have been
locked up nearly two years and are a
"living testimony to n Of the sad
dest abuses Of our system Of law"
They had committed no offsnse. They
were employed by the proprietors OF
the Grand Central Hotel and were. In
the performance Of duty, accidental
ly present or near at hand when Fisk
was shot. For this misfortune the law
has cast them into prison, and confined
them for nearly two years. Their
trials are not yet over, for should
Stokes again be convicted and again
obtain a new trial, they a only look
forward to another long immuring
within prison walls. There is-there
must be, a remedy for such q defect as
this. Almost every State Constitution
provides that witnesses shall not be
unreasonably detained )" aud in al
most every State Government this
clause Is rendered nugatory by a legis-
lative enactment, empowering the
District Attorney to hold witnesses
from term to term as the cause may
drag Its weary length along. And
it is only the seltdependent, tho poor.
upon whom the hardship falls. A
rich nan can give or get bonds, but to
the poor aud friendless, upon whom
this confinement works the greatest
hardship, this Is often impossible. The
only alternative is Imprisonment, and
that indefinite In duration, and doubly
odious to al innocent man. A promi-
nent New York journal, commenting
upon the cases Of the two witnesses In
the Stokes case, suggests a remedy In
this language:
"The remedy for such abuses Is easy.
It il simply to authorize, In lieu Of the
arrest and confinement Of 4 material
witness, the taking Of his testimony.
conditionally, to be used In case Of his
absence at the time Of the trial ; the
defense can be represented at the TAX
ing Of this testimony, and have the
privilege OF croSs-examination, and in-
deed all the rights which 1t would have
II the witness were produced at the
trial. This method Of proceeding with
regard to witnesses for the defense Is
constantly resorted to In cases where
their presence at the trial Is matter
OF doubt, either by eason Of sick
ness, old age, OF anticipated depart
ure from the country. We are aware
that the personal presence Of the wit
ness Is always an advantage ; but why
secure this advantage to the prosecu.
ton and deny 1t to the prisoner?
Again, when the testimony OF the wit
ness has been secured, the great in
ducement to his disappearance Is re-
moved, and at the same time the
chances Of his being suborned to perjury
are greatly lessened. The Bar Associs-
ton has been in the habit OF recon-
mending to the Legislature the altera-
ton or amendment OF unsatisfactory
laws ; 1t cannot make n recommends
tlon that would DO more warmly ap-
preciated by the public than III for
preventing the scandal Of honest citi-
zens, who have violated no law, being
deprived Of their liberty, merely be-
cause they were the accidental eye
witnesses Of n crime
There may be other and better
methods Of reform than the one above
proposed. The matter Is at least
worth serious consideration.