Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-06-28
FRIVOLOUS PROSECUTIONS.


The result of the trial of Gilbert
Rogers, this week, would furnish asug-
gestive text for lecture to prosecut-
ing attorneys-Attorney General or
States Attorney, whatever the name of
the Cfieer In question may be-for, In
our law, he is an officer, without name.
This cause, originating Ill quarrel
over hog with some negroes, notorious
for having cost the county more In
prosecutions since the war than they
were worth in the palmiest days of
slavery, has now been on hand for two
terms of the court, and has resulted
in a mis.trial each time, and nolle
prosequi by the Attorney General, af.
ter running up bill of costs for the
county to foot, of not far from a thou
sand dollars.
Without expressing any opinion as
to the merits of this particular case,
for we know nothing about it, we think
it a fitting time to call the attention of
prosecuting attorneys to the large num-
Der of cases with which our criminal
dockets are encountered In which a
conviction is impossible, or in which, if
secured, no corresponding benefit is
derived by the people to compensate
for the heavy expense incurred IN the
prosecution.
We hold that it is not to the interest
of the State to convict its citizens of
crime, unless their guilt is conclusive
ly established, and the fact that it is
not the desire of the State is proved by
the well known maxims of the law that
sit is better that ninety-nine guilty
men escape, than that one innocent
man be convicted, and that unless the
guilt ofan accused party" sis proved be-
yond the possibility of reasonable
doubt" it is the duty of the ury to ac-
quit him.
With these plain maxims OF the law
before them, ard the further knowl-
edge that one man at liberty is worth
more to the State than one hundred IN
prison, it has always been to us mat
ter Of surprise that prosecuting attor-
tUrhcys should labor With 50 much zeal,
DC many Of them do, ~ secure eOnvic.
ton in which tnefc il I'd possibility Of
success. When crime has been ac-
tualIy committed, and the party &C
cused of it is clearly guilty, the pun
ishment should be swift. sure and Sc
we're, but unless the facts show this to
be the ease. the attorney general saves
money to the countyJ her citizens to
the State, and securee more reputation
for himself by dismissing or passing
over, the many frivolous cases with
which our courts are bufdeied and cur
taxpayers ground down, than by any
other course he may take through what
we conceive to be a mistaken view of
his duty.
Besides, by taking thecourse we sug-
gest, his own influence with a jury is
greatly ineHeared, and the punishment
df marty guilty partieo is rlofe certainly
secured than by any other, as he will
thus gain the confidence and ear of the
Jury. and will soon find that the fact
that he is prosecuting in earnest Will, of
itself, so long way in securing con-
/ vietiOni
Eut the subject is one We have not
time nor space to discuss IN all It's
bearings, and we merely throw out the
remarks we have made on it, with the
hope the seed may fall on good
sround" and bring forth fruit which
will be beneficial to the people anu
grateful to the palate Of our new At
torney General, whoever he may be.