The Evening critic., 1881-10-05

publican and selfgoverning people hold dear,
and which they regard rs the palladium of
their liberties, II is trial by jury, and if
there Is anything for which they hold an
equally profound respect In this same con.
nection, IL Is the ancient and venerable re-
quiromcnt that before any citizens char
acter Is smirched by legal process, twelve of
his neighbors must meet in private and
hold court of their own over the charges
or suspicious brought against him. The
idea of publicly posting any Anglo.saxon
and any citizen of America as violator of
the law, before the constitutional court of
inquiry has been held, is just as foreign to
our notions of justice rs the Star.chamber
process of the Stuarts, or the arbitrary
edicts of the Venetian Council of Ten.
The fact is that Billy Cook, in his mad and
venomous search for something on which
to base n prosecution, finds himself in the
attitude of our German friend who lost his
COW. lie can't find the COW because the i'm
portant signal bell is gone; and he can't
find the bell unless he resorts to vollcy of
small stones The question then is pre-
sented in the form of a query, as to whether
one Cook shall be encouraged in his dicta-
torial method of outraging all sense of
dccency by asking legal permission to throw
n bucket full of stones into the underbrush,
in the bare hope of hitting the bell. The
whole tenor and scope of the so.called in
formation are frivolous and farccal and dis
h. auI g ,1
to some irresponsible tramp who interfcres
with the palings in some public park, but
in case involving the good name of gem
tlcmen who have good names at stake,
they arc simply glaring outrage on the
dignity of common law
We are prompted to make these remarks
by recent article in our esteemed after
noon contemporary. Within the strict
limits Of conservatism our esteemed
con omporary always finds it possible
to gush and the larger the influence repre-
scnted and the smaller the actual justice in
volved, the greater gush to the square inch
may be expected. For instance, we have
the following bit of choice rhetoric to quote:
But 1t is said that the defense intend to
formation filed last Friday, and the pur-
pose of which was to give the prosecution
an unquestionable legal standing in the
courts. This procedure does not look like
n Willingness to meet the accusations before
n tribunal of justice. Postmaster General
james, whose administration of the Post
Office Department has received popular ap.
proval, and who has had access to all the
evidence against the alleged Star-route
Ring, In an affidavit attached to the in
formation pending in court, declares that
he believes the charges therein set forth to
be true. Were the prosecution to be dropped
now, leaving the cases where they stand,
the popular verdict of guilty would be rem
dered against the accused If this estoppcl
OF prosecution should be brought about by
them.
The shortest possible reply to this top
loftical piece of nonsense will be the best.
meekly submit to the trial of their case
upon the pending farcical information it is
conclusive evidence of their guilt. Now,
we have to say
First-It is conceded to be proceeding
without precedent in this jurisdiction. 1t
is acknowledged to be unusual to cause al
legged crimes to be spread on the records of
our courts until inquired of by an i'm
partial grand jury and prcsentment thereof
has been duly made.
Second-If the information cannot con-
ferjurisdiction upon the court, however labo-
rious and expensive the defense thereto may
be, nothing is gained, because even an ac-
quittal, however triumphant, could not be
pleaded as against n proceeding hereafter
begun and prosecuted in proper constitu-
tional form.
Third-!Tho Fifth Amendment to the
Constitution of the United States happens
to read as follows: No person shall be
held to answer for capital or otherwise
Infamous crime unless on presentment or
indictment of a grand jury, except in cases
arising in the land or naval forces or in the
militia when in actual service in time of
war or public danger"
Jurisdiction aside, this is question in
volving the principles of common justice
wrung FROM history by the Anglo-saxon
race during centuries past, and to-day as
much part of our heritage as trial by
jury.