Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-01-05
LEGAL TriviaIlaes.

II
that il is becoming a 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 assasslnates him. as
Guiteau did Garfield. He is seized and
/ thrown into prison TO await indictment
by a grand Jury. ard 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
Tin the indictment, the misspelling of
the prisoners name, or an insignificant
! and readily-detected error in any minor
! feature, will kill it. Any irregularity
| in the arraignment of the defendant,
the impanelng 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
Fcrime was as clearly evident as the sun
| at MONDAY. 1t is needless to cite
instances everybody knows of them.
The latest is of man named
Henry Dyler, arraigned at Louisville
for the killing of Joshua Gregory.
PRESUMABLY he is guilty or he would
not be under arrest, though by legal
paradox he must be regarded innocent
until his guilt is proven Just why a
imam 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 view-the punishment oil
the guilty and the defense of society
against wrong doors. Clearly both
parties to the cause have rights thai
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 tC
the forms of law the requirements OF
justice cannot be met. So far as soci.
ETY. is concerned it is to its interest, il
the prisoner be really innocent, that he
be given opportunity to prove it, .bu
while this privilege is accorded no mere
bubble should be allowed to prevent Z
full and fair trial.
In Dyler's case he was arraigned fol
the murder of Joshua Gregory. How.
ever. when the indictment was ex.
amined it was discovered that the name
of his victim. was spelled s'JOhua" in
stead of Joshua, and the case was dis
missed and the prisoner was remandeC
until a new grand jury could draw w
an indictment with Joshua spe led will
an IS" 1t would be hard to say JUS
how Dyler would be in ured in his tria
bv the omission of the IS" but he wa!
given The benefit of the error, and tht
demands of justice and of society ar,
waived in his behalf. Clearly Dyle
stands in as great a shadow before thu
people as before this photographer
error was detected, and he cannot hope
to emerge from it until full and fai
trial is had. The omission OF the lette
49, in the Indictment would in no way
have interfered with his rights, no
would it have given society any possibl,
advantage over him; still it was con
strued in his favor. Ano her instanc,
is cited. In Indiana, some years ago
a murderer, who had been tried ant
convicted of murder with q pistol
moved for arrest OF. judgment, and
calling attention to the fact that he wa
indicted for killing with a "pistole,
AIMED that there was no sucl
weapon, and was discharged. In con
nection with this case it is said that tn
Judge who rendered this decision wa
permanently retired from the bench a
: the end of that time. The question re
solves itself into a contest between tn
: rights of society and the rights of Grim
, inals. These absurd decisions, whichar
in the interest of lawlessness, would indi
cate that society has no rights that ma
, not be set aside on any technicality. 1t j
conceded that the accused are entitled
to full and fair trial, and it ought L
be conceded, as well, that society is en-
titled to full and thorough investiga
/ ton. The astute Judge who diSmisse,
/ this indictment would. under other Gil
cumstances, have held it good. Sup
pose, for instance, that Joshua Gregor
hal been President of the First Nation
nj Bank. and some paper had publishe
a statement that "Johua Gregory
, President OF the First Nat onal Bank
has proven n de'aulter for $1,000
Would not society recognize the man
and would not the injury sustained b.
h m be rs great rs though the missin,
IS" had been inserted i'm his name
But, because careless clerk omiis
letter from name in copying on in
: dicelnent. in no wise rendering obscur
who is meant, the machinery of iuStic
| comes to.a standstill. Society has beel
, made the victim OF trivial TECHNICAL
, ties until. in many instances. the al
: ministration of justice becomes farce
: and so far has this been carried tina
crimes have been planned and execute,
a in the confidence of escape through
: such bubbles. Our Judges owe it L
{ prisoners at the bar TO give them fai
> trial, and to the people TO see that sue
Y trial is proceeded with without unnec
: essary and useless obstruction or DELAY
Indianapolis dOUTnd, vsg