Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-09-07
A GREAT ABrSE.

A month or two since the FREE PRESS
spoke of what has come to the regular Gus
tom in this State of requiring insufficient bail
of person. accused of grave crimes and then
allowing them to go unwhipped of justice as
great abuse and reproach 10 the State.
The Rutland Herald now takes up the mat
ter, and in the course of long editC rial arti-
Gle uses these truthful words: This abuse
of the idea and purpose of bail has become
so gross in Vermont that it really amounts
practically to compromising felony, for the
bail is accepted with little scrutiny by the
justice or the prosecuting officer, and when
the bonds are called and satisfied the prose-
cutting officer as arufe never makes any effort
to arrest the fugitive and force him t. trial, 50
that practically to break your bail is buying
immunity from all prosecution for the fu-
ture." The HeralTs article apparently has
its inspiration in the case of j. M. Haven of
Rutland and as that case furnishes par
ticulariy fragrant illustration of the abuse I'M
der consideration, statement of Its salient
points is timely. Mr.. Haven was arrested
on criminal complaint based on section
AGO of the Revised Lawsof Vermont. which
provides as fellows: "a president or other
officer or agent Of bank, railroad, manufac-
turing or other corporation, who wlfully
and dcsignedly signs with iutent tina. it shall
be issued or used, a false certificate or evil
dence of such ownership or transfer, which
such Officer has no authority to make or issue
shall be fined not more than $1,000 and
imprisoned in the State Prison not
more than ten years and not less
than one year" The amount realized by Mr..
Haven on false certificates was, if we under
stand the caserlghtly, more than forty thous-
and dollars. Here, then, is man arraigned on a
charge serious in itself and doubly 50 in con-
sequence Of the large amount Of money con.
cerned. Yet MIR. Haven was held for trial in
only five thousand dollars bail-one-eghth OF
the amour the is charged with having wrong
fully taken. II embezzlers and thieves and
burglars can compromise with the state of Yer
mont for twelve and one-half per cent OF theil
swag, our Commonwealth will become the
very paradise of that not altogether desirable
class of people. OF course we do not for one
moment presume topass upon the question OF
Mr.. Ravens criminalty; but it is fair ques
ton for public discussion whether or not thu
amount OF bail in which he was held is suf
fcient to ensure his attendance for trial.
Now to take other cases in our recent his
tory. Richard Peabody Of st. Johnsbur.
was tried and convicted Of extensive forgeries
but was permitted to 60 scot.free on pay
ment of his bail. The Rutland bank employ,
who stole large sum OF the corporation es
capei in similar manner. Solomon NJ
Field, wealthy citizen Of Newport charg
ed with passing counterfeit monev, es
capped by paying bail bond of $4,000
Other cases might be mentioned of
similar character. In all or nearly all o
these cases it was the common remark at tn
time that as matter of course the respond
ents never would appear for trial, and til
fact justified the inference. VI course the
did not appear for trial, for the bail was no
Of such amount as to ensure their attendance
or to make it at all probable that they woul
SO appear The result is that notorious of
Tenders escape justice by the payment of
sum almost Insignificant.
Ia the Constitution of Vermont is prob
b.ion of the requirement Of excessive
bail of person accused Of crime. In til
change of time and modification of systeI
OF government such prohibition is now bu
little needed. 1t is not in this, but in al or
long since past that the government was liza
BILE TO crush prisoner and deprive HIM of h
rights by requiring excessive bail. But
these days the distinction appears to be larg
ly lost between excessiv bail and prop,
bail. The one principle that ought to be 70
lowed, 10 that the bail should be sufficient
large to render the respondents appearan'
for trial reasonably certain. This prlncip
has 50 far been lost sight of that, as the He
aid says, the State is actually compoundin
felones. The HeralMs remedy appears
be II wiser choice OF States altornies b
that aloae will never remedy the abuse, +
not only til ,se officers but most of the inf
rior courts and very great proportion of Il
entire Gar Of the State appear to Ike Il
same inadequate view of the matter 4
form, however. lies chiefly in the hands
prosecuting officers and magistrates, and Il
only way TO force them to institute il is
bring pressure of public opinion to be
upon them.
A Saratoga belle INDUCES in $500 blac
and.,aD canine decorated with earrings wor
$4,000, and collar studded with emerald
and p-arls worth $4,000. Some OF that lady
manly haa gone IN tho ,io 20 nnyw ay-R 0st1