The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-08

COliSlSlluR VI uleIcldUbS, ldWNc QOC
tors and day laborers, must leave theil
homes thrice every year. and trave
two hundred miles to testify in muir
der case, paying their own expenses
with no hope of compensation, OF
have their bonds forfeited and theil
property sold for failing to appear
Such rule would shock the common
sense of justice of all men. And yet
sir, though l had to take my share Of
the censure for its enactment. the
truth is that / stood solitary anC
alone, and was the only senator who
voted against the law fixing the fees
of office in the fifteenth legislature, as
the journal will show, journal, page
SID. Experience has shown how
harShly it operates, until the call now
for remedy is almost universal.
Senator HoustOn-Does the pro.
posed act repeal the law authorizing
the sheriffs to receive pay for trans
porting attached witnesses?
Senator Terrell-Such l think will
be its effect, for the courts will not
construe that the sheriff and wit.
nesses shall both receive pay for the
expenses of the witness, or if they dc
we must change it SO as to make the
| STATUTES ndrnOnlZ6.
Senator Gibbs-Do you think it
right for the state to pay the costs OF
prosecuting, instead of the county in
which the Offense is committed?
| Senator Terrell certainly do.
Each and every portion of this state
has a direct interest in the good
order of society in every other portion
of it. The charge in every indictment
| is, that the feloniouS act was commit
ted against the peace and dignity"
not of the county, but "of Texas p"
The wrong doer violates by his crime,
the majesty of the law, and insults
the dignity of his state. His evil ex-
ample and its consequences, when I'M
punished, are confined TO no restricted
Utica. but affect the whole social fab
ric. and the entire state is interested
in his punishment.
The apprehension that the relief
proposed by the bill will empty the
treasury, is unfounded. 1t will be
less expensive than the present sys-
TEN; but if it is not, money can new
er be better expended than in secur-
ing the punishment of crime, and thus
protecting life and property. This
is the great object of government.
1t fixes a rate for each mile
travelled which will hardly remuner-
ate, and q compensation for time to
the witness so low that it will tempt
no mans cupidity. The extravaganza
is with the present law, not with the
proposed change. The comptroller
will tell you that the law now in force.
which benefits only the sheriff, is one
hundred and fifty per cent more eX
pensive than any this state ever had.
No man can receive the benefit of this
bill except in felony cases, and then
only after the defendant has sworn
that the witness is material, and the
facts he expects to prove by him, have
been sworn to. and the court must be-
lieve them material; or if the witness
is needed by the state, then the states
attorney must show the court that
his testimony Is needed by the state.
Senator Chesley-I would be glad
if the senator would give his views of
the substitute offered by the senator
from Ellis, which restricts compensa-
ton To witnesses for the state.
Senator Ttrrell-Such a restriction
would put the knife to the throat of
justice. instead of promoting its adj
miniStration. What, Siri deny to
prisoner, when in chains and perhaps
innocent, the same chance for prOcur-
ing testimony enjoyed by the state?
If you will not pay reasonable trav-
cling expenses to his witnesses, but
pay those of the state, you strangle
Justice by denying it to the witnesses.
Take the case of an innocent man i'm
prisoned on the Rio Grande, whose
witnesses are on Red River; nine times
out of ten they would conceal or deny
I'LL knowledge of the facts that would
acquit the prisoner, when they knew
that a revelation of them would be
followed by being compelled to travel
five hundred miles at their own eX-
penSe without hope of compensation.
And such is the practical operation,
both rs to state and prisoner, of the
law us it now is, doubt not in many
cases, for it refuses compensation to
witnesses of either party,
l object no less earnestly to the
proposition that witnesses, when paid,
must receive pay from the county in
which the offenSe is tried. Such a
rule would bankrupt my county in
two years. Every forgery of a title
to land may be tried here. The dock
ct has been filed with such cases.
Where a forgery was committed no
man can tell, for the offense from its
very character precludes the idea OF a
witness being present. Nor Is it
right to saddle upon the county
4 burthen which the whole state
should carry. Nor is this all,
sir, The limit of taxation for county
purposes is now fixed by the constitu-
ton so low that mary of the counties
already stagger under load OF debt.
l know of one frontier county where
they levy Il tax for courthouse pur-
poses, with no earthly intention OF
building one. but that they may have
money to pay guards and other eX-
penseS, incident to administering
civil rights and plnishing crime.
Such burden as the amendment pro-
poses, saddled on the counties with
the present limit of taxation, would
bankrupt every county in Texas in
five years. / trust, sir, that we will
vote down both the amendment and
the substitute and pass the bill,
On motion of Mr.. Matlock the pre-
vious question was ordered on the
bill, amendment and substitute.
An amendment of Mr.. Gibbs to the
third section of the bill. as follows.
was, however, permitted to go in:
Provided that fees herein allowed
shall not be paid to more than two
witnesses for the state, and the same
for defendant. to testify to any one
fact.
Mr.. Getzendaner's substitute was
lost by a vote of 16 nays to yeas;
Mr.. Randolph's amendment by vote
of II nays to yeas, and Mr.. Gibbs
amendment by vote of Ii nays to IL
yeas.
The bill was then passed by the
| following vote:
Yeas-Messrs. Buchanan, Chesley,
Davis, Fleming, Jones, Martin, Mat
lock, Patton, Peacock. Perry, Shannon
Stratton, re rrell and Traylor-14
Nays--Messrs. Evans, Fowler, Get
zendaner, Gibbs, Johnson of Collin
King, Kleberg, Pfeuffer and Ran
dolph-9.
P;ired-Messrs. Houston and GOoch
The bill reads as given below:
SECTION l. Be 1t enacted by the
Legislature of the State of Texas
That any witness who may have beer
recognized, or attached at the instance
of the state and given bond for hi,
appearance before any court out o
, testimony in felony case, and wht
} shall appear in compliance with tn,
: obligations of such recogniZance o
bond, shall be allowed his actua
J travelling expenses, not exceeding
IL.