The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1876-11-09
CORRESPONDENCE
The Lauten. o,laeger Case.
Kdator Anti Monop0ltst

As the time approaches that in all
probability the supreme court VIII grant
George LautenschlHger new trial.
should it not be well to let him be tried
without partizanship, the law IS not
Nemesis that il should pursue with un>
relentng force the unfortunate individual
who is brought before the bar OF justice.
The axiom that all persons charged with
cri;Ae are presumed to be innocent until
proved to be guilty, was apparently lg-
nored when the said Lautensch1g ger was
arranged Tor trial, instead OF being pre-
sumed to be innocent, he was presumed
to be guilty, and every avenue closed
against him, tia. offered an opportunity
Of his escaping to haven OF refuge. IL
may perhaps be conceded that there
were mitigating circumstances connected
with this important trial. that might tend
to relieve the Judges from the terrorsof
the responsibility next resting upon
them. when ruling upon questions OF
evidence offered by the defence. and
over>rulcd by the court. because the
Judges were inexperienced and had but
lust being elevated to the bench. no mat>
ter how great their ability, time was
necessary to tone them down and regu-
late their discriminating powers. The
Judges in their trial were frequently
much exercised with doubts when called
upon t. rule aud invariably decided
against the defender often reversing
their rulings, after allowing the prose-
cutting counsel to re>argue point when
defeated.
In the opinion OF the writcr,w when the
court once rules. better let the supreme
court reverse it than supply itself. II
teaches vascillation, and by and by to-
tally units the Judge to sit. In civil
cases there may perhaps be some latl.
tude. but in criminal. the court should
never allow the prosecution to influence
it against the detendent, for the pur>
pose Of blocking up any loop hole through
which he might escape.
Prosecuting counsels frequently mis-
take the nature of their office, particul
arly those who being young. ardent ant
ambibitious. work tor y reputation ant
do not hesitate to obtain Il conviction
and pave their way to fame over ;
road mcaddamized with human souls
without once stopping to think at per
haps alter all. there has been y mistak
and that through his influence the swor
of tampered justice has sacrificed a
innocent being.
The duty OF the prosecuting counse
(and the writer does not think any on
will DOUBT the opinion) is not to endeav
or to convict, but to lay before the iur
carefully and with silent prayer all tn
evidence in the case. admitting all til:
may be in the dctendent's favor, that
any reasonable doubt exist it shall
used on the side Of mercy.
No pressure should at any time /
brought 10 bear upon the jury to I'll
prejudice OF the defendant, bv the pro-
ecuting counsel. the submitting OF ii
evidence. and the law. should be don
without force or feeling. self-abneg.
ton should III ali times be observed. an
nothing but justice with her equi ba
ance scales. tipped a little ov the reason
able doubt which At all times must
awarded 10 the credit of the defer
dent
The reasonable doubt must at 4
times be determined by the jury, Of tn
they are the sale Judges, tho province
the conrt is to give the law but must n
explain the doubts. The word re
senaole should be understood by eve
Juror. il is a law oil common sense Ar
twelve men can understand the term wit
out listening TO the communicated OPT
ton Of the court who has no right to 81