The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-01-05
LEGAL Triyialities,

/ j. 4
The ends Of justice have so often been
defeated by the merest technical.ties
| that il is becoming q fixed belief that
statutes are made for the protection OF
criminals rather than the defense of So
ciety against their outrages. Take an
extreme case: A desperate murders a
man, deliberately assassinates him, as
Guiteau did Garfield He is seized and
thrown into prison 10 await Indictment
BY q grand jnry. AID from that hour
On to his conviction Or acquittal, the
prisoner, of whose guilt there can be
no reasonable doubt, is afforded every
possible opportunity 10 escape the just
penalty Of his crime. A trivial mistake
| in the indictment, the inisspelling of
the prisoners name. or an Insignificant
and readily -detected error in any minor
feature, win kill it. Any irregularity
in the arraignment OF the defendant
the impaneling of the jury, the ruling
of the court, the making up of the rec
ord, or the pronouncing Of the sentence
| must count in his favor. and only too
often results in his release, when his
crime was as clearly evident as the sun
at MONDAY. It is needless to cite
instances everybody knows of them.
The latest is of q man named
Henry Dyler. arraigned at Louisville
for the killing of Joshua Gregory.
Presumably he is guilty or he would
not b. under arrest, though BY a legal
paradox he must be regarded innocent
until his guilt is proven. just why a
man regarded as innocent before the
law should be imprisoned until trial, is
not made plain, and constitutes one of
the many, anomalies with which the adj
ministration of justice is numbered.
This man Dyler. for some reason or
other, was at least suspected of murder,
and the evidence was strong enough to
send him to jail to await trial. Now.
the process Of legal investigation has
two ends in yiew-the punishment Of
the guilty and the defense of society
against wrong doors. Clearly both
parties to the cause have rights that
cannot be abrogated. The prisoner. has
the right to prove his innocence and So
ciety- the right to prove his guilt, and
| until the matter is decided according to
the forms of law the requirements of
Justice cannot be met. So far as soci-
etyIis concerned it is to its interest, if
the prisoner be really innocent, that he
be given opportunity to prove it, but
while this privilege is accorded no mere
bubble should be allowed to prevent a
full and fair trial. 70 sii.-.'
In Divers ease he was arraigned for
the murder of Joshua Gregory. How
ever, when the Indictment was ex-
amined it was discovered that the name
| of his victim was spelled "Johua" in
stead of Joshua, and the case was dis
m ssed and the prisoner was remanded
until new grand jury could draw up
an indictment with Joshua spe led W tn
an IS" 1t would be hard to say just
how Dvler would be in ured in his trial
by the omission of the "s," but he was
given he benefit of the error, and the
demands of Justice and of society are
waived in his behalf. Clearly Dyler
stands in as great a shadow before the
people as before this photographed
error was detected, and he cannot hope
to emerge from it until q full and Fair
trial is had. The omission OF the letter
IS" in the indictment would in no way
have interfered with his rights, nor
would it have given society any possible
advantage over him; still it was con-
strued in his favor. Ano her instance
is cited. In Indiana, some years ago,
a murderer, who had been. tried aud
convicted of murder with pistol,
novel for arrest of Judgment. and,
calling attention to the fact that he was
indicted for killing with a t'pistole."
claimed that there was no, such
weapon, and was discharged. In con-
nection with this case it is sid that the
Judge who rendered this decision was
permanently retired. from the bench at
the end of that time. The question re-
solves itself into contest between the
rights of society and the rights CT GRIM
inals. These absurd decisions, which are
in the interest of lawlessness, would indi-
cate that society has no rights that may
not be set aside on any technically. 1t is
conceded that the accused are entitled
to full and fair trial, and it ought to
be conceded, as well, that society is en-
titled to full and thorough investiga-
ton. The astute Judge who dismissed
this indictment would, under other cir
cumstances, have held it good. Sup
pose, for instance, that oshua Gregory
hal been President of the First Nation
al Bank. and some paper had published
statement that "Johua Gregory.
President OF the First National Bank,
has proven defaulter for 800, 0O0."
Would not society recognize the man,
and would not the injury sustained by
him be as great as though the missing
..s' had been inserted in his name?
But, because careless clerk omiis
letter from a name in copying an in
dictment, in no wise rendering obscure
who is meant. the machinery of Justice
comes to standstill. Society has been
made the victim of trivial technicali-
ties until. in many instances, the adj
ministration of justice becomes farce,
and 80 far has this been carried that
crimes have been planned and executed
in the confidence of escape through
such bubbles. Our Judges owe it TO
prisoners at the bar to give them a fair
trial. and to the people to see that such
trial is proceeded with without unnec-
essary and useless obstruction or delay.
Indianapolis Journal. ,
,.rr.re r. m Why He Paid.
certain M,chiOa nC3pI who had lono