The Evening critic., 1882-05-02
queer Practice.

proceed with the trial in the Star-kouto
cases.
1t is said that the prosecution intends to
proceed tomorrow to attempt to procure
another indictment, in which will be en-
braced the names of Rerdell and Others as
to whom the present Indictment has been
held by the Court to be insufficient, and IL
successful in this the latter will be dis
missed and trial on the new indictment
will be asked and the report is current
that in order to procure such an indictment
the one already found will be carried before
the Grand Jury and that body will be asked,
upon the strength of it, and upon the testi-
mony Of James, MacVeagh and Woodward,
given before Judge Smell in the Rerdell
case, to return an indictment against the
accused.
Such a proceeding could not but meet
with the unqualified disapproval of every
right.minded man. 1t would be q fragrant
disregard of the rights of the citizen and
disgrace TO the jurisprudence of the country,
and it remains to be seen whether the court
will tolerate it.
If citizens may be indicted and disgracei
without evidence, and upon the mere de-
mand of the District Attorney, or his as
sistants, the law is weapon to be used
against the citizen, and not shield for his
protection.
Until the recent decision Of the Criminal
Court it has been supposed that Grand
Jury could not indict without substantial
evidence, and that if they did the citizen
had some redress We quote from some of
the authorities on this subject:
The Supreme Court of New York in 1927
e. Cowen, 563), in n case whore the District Al
tcqnoy claimed the right to be present with the
Grand Jury and TO conduct the examination
of witnesses, the Court OF Sessions, being
divided in opinion on the subject, submitted
the question 10 the supreme Court for the
correction OF errors, and that court rendered
the following opinion:
"The District Attorney ought not to attend
the Grand Jury for the purpose of examining
witnesses, nor for any other purpose, except to
advise them upon any question which they
may put TO him in relation to their duty"
Authorities might be multiplied indef-
nitely, but these suffice to show what the
law is elsewhere than in the District of
Columbia, and we apprdaond that in the
end it will be found that in this District
the law will not tolerate the indictment of
citizens without evidence, and, in the Ian
guage of Judge Field, legal epidence; not
upon what some other Grand Jury may
have done, nor upon ex-parte affidavits nor
upon reports, nor upon arguments of per-
sons unlawfully admitted into the Grand
Jury room, nor rumors, nor newspaper
clamor, but upon the testimony of wit
nesses who are brought regularly before the
Grand Jury and are duly and lawfully
sworn and examined.
This is matter in which is involved the
regulations and liberties of citizens, and is
not to be triled with. If the Grand Jury
shall do. as the report we have alluded to
indicates, it is apparent that their acts can
not be based upon an examination of the
facts prescribed by law and regulated by
numerous decisions, but, on tho contrary,
predicated upon the mere clamor of prose
cutors and detectives Mr.. Justice Field,
in a charge TO Grand Jury, stated the law
thus
Inyour investigations you will receive only
legal evidence, TO the exclusion of mere re
ports, suspicious and hearsay evidence. Sub
ject 10 this qualification, you Will receive al
the evidence presented which may throw
light upon the matter under consideration
whether II tend TO establish the guilt or limo
cence Of the accused. And moro: If in the
course OF your inquiries you have reason TO
believe that there is other evidence not pre-
sented to you, within your reach, which would
qualify or explain away the charge under In
vestigation, 1t Will be your duty to order such
evidence TO be produced. Formerly II was
held that an Indictment might be found Il
evidencaSwere produced sufficient to rendei
the truth OF the charge probable.
But different and more Just and merclful
rule now prevails.
no justify the finding OF an indictment you
must be convinced, so far as the evidence be
fore you goes, that the accused is guilty-ir
other words, you ought not to ind an indict
an mil In ind lAnf f,a ovid
before you, unexplained and uncentradlcted
would warrant conviction by petit jury.
Judge Wallace, in revi iewing this subjec
in recent case July, 1881 uses the fol
lowing language:
II is the duty of the Court, In the control o
It's proceeding, 70 see 70 It that no persol
shall be subjected 10 the expense. vexatioi
and coItumely OF a trial for criminal ofTens,
unless the charge has been Investigated ana
reasonable foundation shown for an indlct
ment or Information.
II is due also to the Government TO require
before the trial OF an accused person, a fai
preliminary investigation OF the charge
against him. Tho cases arc frequent where
after all these precautions have been observed
It appears upon the trial that the Goyernmen
has been subjected to discredit ana expens
which might have been avoided If there ha
been more careful examination. Earring
ton case)
Such is the law and such have been tn
rulings of courts without exception in al
cases where the absence Of political clamoi
personal malice and cowardly motives O
so-called 'policy" has permitted justice t
take its normal course. 1t is with no hop
of staying the hands Of the shysters an
detectives who are engaged in this most re
markable Of modern prosecutions that W
present this review of law aud decisions
They get their living that way, aud it
congenial to them. But we deem il wort
while to keep the record complete for th
benefit of the public, whose opinion is, aftc
all, the most important verdict.
Concerning 'sThe Criiic'' aud ia
Kansas CITY Papers.
Commenting upon our remarks concern
ing certain CRITIC news article, whic
appeared in its news columns az regula
Washington dispatch without credit {
THE CRITIC, and which remarks were in
nnediately telegraphed to the Kansas Cit
Times, the Kansas City Jonraql says;
Whether the above lrHE CRITICS oditorla
appeared IN the columns OF TIE CRITIC NJ
have no means OF knowing az present. II
barely possible 10 was coneoc.ed IN the ON.
Of the IiHsfs, by its special maDnfaeturlu
machine. The evening tender OF tho Iial.s
Tho N(or--r0Dlqs n into fta editorial qaItt n,t