Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1878-11-21

presented 10 the District Court tor its az
ton. but. strange to say, under the pec.
liar. inconprehensible, or insane. provis
ions o, law governing the qualifications 0
jurors. rs construed by the lawyers and nd
united by the Court. it was impossible {,
obtain a j;ay in Gallatin county competen
to try the case. although an hundred jury
men were subpened from the most remote
portions OF the county for the purpose
Thus. tbs entire expense. ordinarily, neces
sary for the trial and conviction Or reles.se
of the prisoner was incurred and nothing
whatever accomplished. The prisoner Oh.
tains a change of venue ut an enormous
additional expense to the county. great
Inconvenience to the unfortunate witnesses
and. If simple justice is the only end
sought) without any compromising results
whatever. Not being learned in the law.
we are not prepared to say that. under
legal or technical constructions. such pro-
ceedng as we have above referred to are
not legal or in certain cases necessary. but
in this case. we acknowledge that
We see neither necessity or justice in the
matter. We are confident that any twelve
citizens OF average intelligence OF Gallatin
county. selected almost at random. could
and would have given the man fair and
impartial trial. and that Notwithstanding
the fact that they might have previously
formed opinions in regard to the case from
verbal statements, newspaper reports or
otherwise.
II the people OF Gallatin county were
noted Tor their severity or bloodt!lirstness
in criminal prosecutions. then there would
be good reasons for such pOstpOnements,
changes of venue, rejection Of jurors. &c.
as we have briefly mentioned, and which
to bankrupt the county but.
from our observation. the facts appear 20
be quite the reverse. In all our criminal
not Il criminal has been SEN
fenced to suffer the death penalty Tor his
crimes. While many of those sentenced to a
term of years in the penitentiary, too often.
we fear. through undue sympathy and mis-
taken kindness. have. through petition and
other influences. been pardoned ont. SO
HAT. if we have erred at all. ii has been on
the side Of mercy and human sympathy
md ut the expense of unIelcnting justice.
In our opinion. the practice of constant
Y taking prisoners from our own to neigh
boring counties for trial, and often on such
frivolous pretcxtS. is little less than an i'm
Dutation against the intelligence. ordinary
sense of justice and average common sense
If the citizens of Giillaiin county. 1t is Il
lirect infringement Of Il provision OF law
which requires that every criminal shall be
Iied in the county in which the otiensc
vas committed, unless it can be shown to
he satisfaction of the Court that fair and
impartial trial cannot be had therein. 1t
astly increases the county Indebtedness
Without any perceptible compromising re-
ult. and it behOoves every resident. es-
'ecially every tax payer of Gallatin county.
0 take a deep interest in this matter with
With 4 view to applying remedy to this
rowing evil.
II. under existing laws. trials can be in
etinitely postponed. changes of venue
lken and competent jurors rejected on the
lost frivolous or absurd pretexts. then
ur coming Legislature should see TO it
rat the laws are so amended that. here I
fter. such proceedings as are only c:,lcll-
tied to delay or defeat the ends OF justice,
lcourage evil-doers. and add to our al {
lady burtensone Indebtedness. shall he I
prevented or at least rendered I
Verv rare occurrence