Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-02-05
THE INDICTJfENTS-AN
STILL HOLDING THE 4CCUGED

DUASHING THE INDICTHENTS-AN
STILL HOLDING THE ACCUSED.
There are some gloomy and peculiar features
in the statutes of Minnesota, but we were not
aware that such a statute existed as to allow
judge to quash an Indictment, and still
hold prisoner. This was the decision of
the district judges in the case of the State
against Mccarthy and Deering It seems
that there is statute providing that judg-
ment in favor of the defendant upon de-
murrer to the Indictment shall be bar, un-
less in cases where the judge, being of opin-
ion that the objection urged to the Indictment
may be obviated in new Indictment, shall
direct the case to be sent to some subse-
quent grand jury.
Acting under this statute, the district
judges quashed the indictments, compli-
mented the County Attorney by saying,
'sthat the indictments appear to have been
drawn with great care and skill in most re-
spects," decide "argumentatively," that there
are facts, if properly set, sufficient to consti-
tute public ofense and send the prisoners
to the next grand jury in May, holding them
to bail in 81, 900.
We have not the least hesitancy in
saying, this is the most remarkable proceed
ing we have ever witnessed in court of JUS
tice, or been called upon to record. We do
not, by any means, reflect on the court, but
the statute is infamous, and in violation of
every principle of justice and law, and should
be repealed at.once.
Just look at the thing for one moment A
grand jury, relict at best Of barbarism, an
&c pd1te tribunal, a secret star chamber
where the accused has no opportunity of de-
Tense, where malice and secret hate may de-
stroy the best, find an indictment against a
citizen. This e.r-1o01te tribunal has the con-
slant assistance of the prosecuting attorney,
who draws the Indictment by virtue of which
the accused is arrested. He is brought into
court. He says that he has been illegally ar
rested, that the Indictment is void, that is,
he demurs. The court decides in his favor,
or in other words, the indictments are
quashe0.
To quasA an Indictment, means to annul,
to declare it void. The jurisdiction of the
judge there ends, and the pris-
oner is free. There is re
doubt of it. The commonwealth attorney
may have him arrested, but then, mind you,
he is entitled to preliminary examination,
and has the right to show that there is no
probable cause for his arrest What does
this statute do? It gives to the Judge who
has just decided that the prisoners arrest
and prosecution are absolutely void, the
the power to convict him-that is to say, to
find that there are facts justifying the arrest,
and the further power to re-commit the un-
fortunate person to jail, there to lie for
months until another grand jury shall assem-
BILE and indict him again. Thus the Judge
is made a committing magistrate, but the
accused is given no opportunity to defend
himself
Suppose the man innocent, what terrible
wrong is this? Suppose him too poor to give
bail, then he must rot in jail for months
with his mouth sealed. Suppose him fortu-
nate enough to give bail, then he must walk
the streets and move among his fellow-men
with crime resting upon his name, to leave,
should he die, as heritage to his wife and
children. Remember that during all this
time his mouth is sealed, and this is called
law. Such statute is worthy of the butcher
Jefreys and his s'Bloody Circuit it is wor:
thy of the Black Hole of Calcutta, it is an
outrage on the forms of law, and should be
blotted out by a dash of the pen from the
statute book.