Rocky Mountain husbandman. [volume] (Diamond City, Mont.) 1875-1943, 1877-05-17
CEIT1INAL PRACTICE.

CRIMINAL PRACTICE.
EDITOR H~UsBASpMAN'
Inotice in the last number Of the Hts
an editorial upon the p~roflgacy
and extravaganza of our local government,
and heartily endorse most Of the sentiments
therein. But in regard to what you say in
relation to the criminal practice, | hin you
mistake the duties of the Grand Jury and
District Attorneys. You say, "Mnch OF the
debts of the counties of Montana have been
incurred by these (criininaD cases. Nor has
this state Of affairs ceased. Much OF our an
nual expense now arises from our criminal
practice, and often, we regret to say, unne-
cessarily.' lMucll of the expense of all civil
governments arises from al endeavor to en-
force the criminal laws. Sometimes grand
Jurors, having but one side of the evidence
before them, find bills against innocent per-
sons. That cannot be avoided. Often, how
ever, guilty parties prove themselves clear.
That is not the fault of the law or the grand
jury. You say, 1Grand jurors should eXer-
else great precartion in finding indictments
against persons, unless their guilt can be es-
tablished.' Grand jurors should not, and
| take it very seldom do, find bills unless
they are satisfied, from the evidence, that
the parties have violated the law. AS to
whether the guilt of the parties so indicted
can be established at some future time when
tried by Il petit jury. should not enter into
their minds. They can know nothing as to
what testimony may be offered except that
offered before them, nor can they know
whether the same witnesses will swear the
same thing again. "Many times (you say
there will arise little petty neighborhood
quarrels, in which both parties are to blame.
In these cases it is the duty OF a grand juror
to consider well al the circumstances, The
enormity of the crime, the extent OF the
punishment due, and the cost it will entail
upon the county, As | understand the
law, the only duty deyolving upon a grand
Juror is to ascertain if there has been a crime
committed. and not whether it is a large or
small %otfcnse, further than to know what
kind Of a bill to find. AS to whether it will
cost the county much or little should not,
and cannot under the law and their oatll,
enter into the mind of a grand juror.
What should be an oiiense against the
criminal law is Il subject proper to be con-
sidered by every tax payer and voter in the
Territory. If the people think best to have
no law and order established and enforced
by courts, let them return to the rule of the
Nigilantes. 1t is much the cheapest. | pre-
fer that lite, liberty and property should be
protected by law. If petit jurors, through
u false sympathy, fail or refuse to convict
guilty parties, it is no reason why grand
jurors should pcrjure themselves. If both
sides i'll a difficulty are to blame, bills of i'll
dictment should be found against all who
are guilty.
You again say, "But they should remem-
Der that there are many difficulties arising
between neighbors which occur one day and
are settled the next, that they are not called
to take cognizance ot.' If neighbors have
difficulties that amount to a crime. and settle
them the mex day, or the same day. it is no
reason Why the grand jury should not take
cognizance OF them. You say, ut is too
often tie ease that our District Attorneys
Idlecome over ANXIOUS Tlld, I'VE also con-
slider it the duty Of District Attorneys to
trflSe good judgment in these matters. Tn
Tess hels positive Il e~riGliaai can be convicted
before twelve of his countrymen. he should
not seek 10 make out Il case fla District
Attorney would only desire to prosecute
such offenders rs lie Was sure tN eve men
Nni1i C%nlsict, he would never desire an
other Indictment found. SAMPLE Orr.