The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1881-05-05
fault and relieve himself Of moral tur-

fault and relieve himself Of moral tur-
pitude. If innocent, the grating of the
iron bars which shut him out from all
association with his fellow man, as a
thing dangerous to be at large. causes
him in anguish Of spirit to cry aloud a.
gainst the injustice of the law that de-
prives him of his liberty.
III considering this subject, I shall
endfavor to entirely ignore any person.
al grievances that may have, and treat
it in TIE abstract; my object being to call
attention to some Of the imperfections
Of the criminal law as it now exists,
that sovereign people may see and
remedy them.
This complaint is by no means a new
one. Shakespeare enumerates 1.-The
laws delay" as among the vicissitudes
of life that tempt Il man to take up
arms against sea of trouble" and seek
"nbidden the presence of his Maker.
Were it not for the dreams that might
come in that :'sleep of death.'' many
and many man. crushed under the il.
| on wheel Of that pondrous maclline-the
law, has felt that the temptation would
| be Irresistible.
But I must be more specific. The
constitution Of this State provides that
Livery person is entitled to certain
remedy in the laws for all injuries OF
wrongs which he may receive in his per.
son, property or character; he ought to
obtain justice freely and without pur.
chase; completely ana>without denial
promptly and ,c;tI.out delay conformably
to tie laws" lie ought to, indeed, but
can he?
n felony is committed. II. is arrest.
ed on suspicion and taken before mag.
istrate. II he have wealth he can p1tr.
chose his liberty by depositing certain
amount Of money or giviaga bond, con.
ditioned upon his appearance ut the
| next term Of court. II lie he unable to
do this, an examination is held to ascer.
tain whether IL crime has been commit.
ted, and if so, if there is reasonable
grounds for believing the defendant
guilty. This examination, however,
may be adjourned from time to time,
not exceeding ten days at one time, us
the magistrate may think occasion re-
quires, the suspected person in the mean
time lying in Jail. In this way he may
lie deprived of his liberty six or eight
| months or year before even reasonable
grounds need exist for surprising him
guilty.
The County Attorney is finally ready
for the examination to proceed. The
magistrate who only too often is illus
trious for nothing SO much as his ignor.
ance Of all rules Of law, depends entire.
ly upon the County Attorney, often
nearly equally as ignorant, for his in
formation, and usually allows that
individual to determine whether there
be reasonable grounds for believing
the defendant guilty. That august in.
dividual, mere anxious to establish a
reputation for winning cases than for
seeing justice done, advises that the &C.
cn3ed be held to appearat the next term
of court, which conveEes perhaps wear
hence.
Thus is the prisoner deprived of lis
liberty for Il year or more before his
guilt or innocence is determined. lie
IS finally acquitted and his liberty re-
stored. Has he suffered any injury or
wrong in ''his person, property OF char
acter?'' Is it any injury to 4 man S per.
son to lie locked in q dismal cell where
the only objects that meet his view for
a long weary year are bolts and bars
Is IT, any injury to his property to be
prevented from carrying on his business
during that time? Is it any injury to
his character to be looked upon by the
world as felon, to be ostracized from
society as social leper? The law says
| not. There is no redress. The law has
blasted I'LL his hopes, blighted all his
prospects, perhaps driven him to the
mad house, and yet has done no injury
or wrong to ''his person, property, or
cl,aractnr."
There is maxim Of the law. the JUS
tlce OF Which none can doubt that indi-
| vidual rights must be sacrificed to the
public good. Far be itfrom me to al.
vocate the policy of allowing criminals
to 80 unpnni he'd, but it seems that
laws might be enacted, or those we now
have so ad ninistered as to give those
accused of crime what the supreme law
of the land says they Ought to have
'j"stice freely and without purchase:
completely and without denial; prompt.
Iy and without delay
Yours Very Truly,
CHAs. +. BURD1CK.