The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1874-06-06

the provisions of said section 1912, I reply
that after careful examination of the law
and authorities, am of opinion that such
witnesses are not entitled to any compen-
sation. That section reads as follows:
% All expenses incurred by the arrest, con-
fnement, maintenance and prosecution OF
persons accused or convicted of crimes, their
removal to prison, pay OF witnesses, jurors,
and all expenses Whatever attending GRIM
NAL proceedings shall be paid by the respec
five parishes in which the offcnse charged
may have been committed, after an account
thereof shall have been duly certified by the
clerk of court and the presiding judge there
Of"
Upon examining the fee bill to ascertain
the fees to be paid for the various expenses
enumerated III the above section, it will be
found that it is silent as to the eoinpen-
sutton OF WITNESSES That is liked by sec
ton 1916 of Ray Statutes, which provides
that witnesses in criminal prosecutions
shall be paid one dollar for each day they
NAV be dc tanned on the trial Of a cause, and
ak and quarter cents for every mile they
NAV necessarily travel, going and coming.
| lit will be observed that the compensation Is
only allowed when the witnesses are de
| taiised Oh the biat of the cause.
Now it is we'll established that the pre-
| Iiminary examination of party brought
| before the magistrate accused ofany otfense,
! is not the trial of the cause, but mere in-
1 yestieation and inquiry by the magistrate
| into the case for the sole purpose OF enabling
| the magistrate to determine whether SUIT
fcient ground has been adduced by the
prosecution TO require the accused to ac-
| cennt for himself on o public trial, and in
case there be probable evidence, even though
his guilt appear doubtful, the magistrate is
NOT TO rive him the benefit of that doubt,
even when he believes him to be altogether
innocent, but it is his duty to bail or COM
init him, because it Is not, properly speak
I inp a trial of the cause, but nothing more
I than an official accusation i'll order to put
the party accused on his trial afterwards
Here then is the just line OF discrimination.
1t is the duty of the committing magistrate
| to INQUIRE into and investigate the nature
and probable ground OF the charge, but il
is the exclusive province of the court or OF
the petty jury to hear and determine, with
the assistance and under the direction OF
the court upon the points of law whether the
accused is or is not guilty, on the whole ey
idenee for or against him. 1t will be readily
| perceived that If the examination is to b(
| considered The trial of the cause on its mer
its, the decision OF the magistrate would bt
tautamount to d judgement OF acquital OF
condemnation which would involve us II
| this difficulty, that the accused could no
thereafter be put on his trial. because tn
law declares that no man shall be twice pu
in ieopardY for the eftense, whereas this ex
z animation according to the intent am
! snirit of the law, is not a trial of the cause
! ! but proceeding to judge by a dilligent in
: uuiry whether the person accused ought t
: be put on his trial. The section in question
! which provides for the payment of all eX
nenses incurred in criminal proceedings b,
; | tae narish must be construed with retcPenc
To section 1916, by which alone the pay Q
witnesses is fixed. And it seems to me tina
= the only sound construction OF those tw
sections which are SO interviewer and relat
= so materially to the one main object, whic
is to provide for :. the payment of expense
> Incident to the prosecution OF criminals"
. that the parish shall only pay the expense
: of such witnesses as may be summoned t
testify at, and are detained ON the trial
. tie cause before the parish or district cour
a and then only after an account thereof sha
II he duly certified to be correct by the cler
= of the court and the presiding judge Their
a. of, If it be said that witnesses cannot I
compelled to appear and testify in erimin
Ia nrosecutions in preliminary examinatio
# without being paid tor attending, | repl
Il that witnesses fees being fixed by law fl
<. attendance on the trial only of the cause,
=. relaxation of the rule would make the tn
II Lift established by law dead letter. If ]
of fees arc allowed to witnesses attending pr
a Iiminary examination, they must seek reli
of by an application to the Legislature for
10 new tariff reply further, that previous
no the act of 1861, witnesses IN criminal pros
cntions residing not more than five mil
from, the seat Of justice were not entitled
any compensation for appearing and ben
detained on the trial of any cause; tn
since the act of the last Legislature pa
~ Jurors, jurors on Coroner's inquest, etc,
the parish of Orleans are not entitled to I'll
- compensation 1t is therefore clear that t
~ State has and can compel the attendance
- witnesses in criminal prosecutions graft
ously.
Respectfully submitted,
FREDERICK DUFFEL,
Dist. Attorney, pro tenn
The following report of the Treasurer "
Re, read and approved: