The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-10-22
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IMPRISONMENT ON SUSPICION

The murder of Noe, in New York city,
while endeavoring to protect his property
from burglars, and that of Josie Langmaid,
in New Hampshire, in the vain endeavor
to protect her honor, are among the most
atrocious on record, and while the efforts
of the officers of the law to ferret out and
arrest the perpetrators have been in the
highest degree commendable, yet the atten-
ton of the public cannot fail, thereby, to
be renewedly called to the magnitude of
an evil connected with our criminal sys-
tem-an evil that cannot be wholly eradi-
Gated but which can be measurably soft
ened. We refer to the detention of wit
nesses in confinement while awaiting the
trial of an alleged criminal, and to the ar
rest and imprisonment of suspected per-
sons to await the result of investigations
and, perhaps, of final trials. The former
practice prevails to considerable extent,
but is more chiefly confined to larger cities,
and Is an evil not only to the innocent wit
ness SO detained but tends, in great
measure, to defeat the ends of justice. 1t
has this tendency, because the liability to
be 80 confined in house of detention de-
tiers many from bringing to the notice OF
the proper officers the commission OF fla
grant crimes, offers an induccment for the
compromising of felony, and causes the alb
sconding of material witnesses whose
presence and testimony would, otherwise,
be easily attainabe. 1t is more than ques-
tionable il these manifest disadvantages do
not more than outweigh all the advantages
that are or can be obtained through the tes-
timony of the few witnesses secured by
these means.
Besides the witnesses so detained there
are, all over the country, as well as in other
countries, large number Of persons ar
rested on suspicion, committed to prison,
and held in confinement for longer or
shorter periods of time. running sometimes
into months or years, who are, either on a
preliminary examination or on final trial,
discharged from arrest and held guiltless
of crime, 1t being found, in many cases,
that there was not the least shadow of a
ground on which IL reasonable suspicion
could be based. Yet these men are wrong
fully confined and, when discharged, arc
utterly without remedy. AS matter of
fact, they are as wrongfully deprived OF
their liberty as If their arrest and detention
had been without the sanction of law.
Yet, in the latter case, person so unlaw.
fully imprisoned is entitled to just damages
from the person causing his Imprisonment
and these damages are to be so estimated
as to recompense him for his expenses in
procuring his release, his bodily and mental
suffering and the disgrace accustomed by
his imprisonment, and also for his loss OF
time as well as for the immediate loss tC
his business caused by his forced absence
therefrOm. In recent case, that of Bean,
as our readers will remember, damages
were awarded to the amount of fifteen
thousand dollars for such an unlawful de-
tention. If, however, Beams arrest and
confinement had been in accordance with
the forms of law, while his pecuniary loss,
his bodily and mental suffering, the dis.
grace would have been just the same. and
yet he would have been completely remedi-
less, and, innocent though he might have
been, could not have recovered a single
mill therefor. Is there any justice in this ?
We do not object to the arrest of sus-
pected persons, and their Imprisonment
awaiting examination or trial. Such a