The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-18
LEGAL OBSTRUCTION OF JUSTICE.

what they should be. What with the obstruc-
ton of senseless technicalities and vexatious
and unwarranted delays, brought about by
trickery, however plausible, it is difficult
matter now to attain justice for the people
and for the innocent, or to mete out punish
ment to evil-doers. The recent star-route
trial is an example of what may be accom-
plished in the way of procrastination and
befuddlement. Even granting that the YER
dict rendered was the only one that could
properly be arrived at there remains
much that must be condemned in the con-
duct of the trial. For six long months the
columns of the daily press have been bur-
dened with reports of this case, until every
body became thoroughly wearied and dis
gusted with it, and lost interest in it. only
asking that the import of the verdict be
made known, ifserdict ever be reached. For
six months this trial was nursed and coddled,
while aA concerned seemed utterly unmind-
full of The enormous expense that was accru-
ing. Hundreds of thousands of dollars
must be paid as expenses of at
torneys, witnesses, ard of the court.
1t is not argued that the gov
eminent is responsible for the tedious delay
in, or rather the unconscionable prolonga-
ton of this trial. 1t is to the interest of the
defense in any uncertain case to delay the
conclusion of trial, and to so befog and
weary the court that the grain of truth be
so completely buried under pile of chaff
that it can not be found. This seems to
have been the theory of the defense in this
case, and, at the end of an ex-
animation extending over half year, the
attorneys for the defense and prosecu-
ton alike made arguments that for
length were simply outrageous Six
days of sing-song, bewildering,
maddening rehash of what had for
$50 days been pegged into the jury's brains
In every conceivable and inconceivable way
Spun out to that length, the ablest argument
ever uttered by man becomes little more
than inane drivel There never was and
never will be a cause that demands such
hours in its presentation may with rea-
son be regarded as prolonged for
some other purpose than to present
the facts as they are. 1t is a weak
point in our machinery OF justice that such
practices are possible. The star-route case is
taken as an example only because it is fresh
in the minds of the people. 1t Is not claimed
that justice miscarried, nor that the attor-
neys in that case pursued methods not famil-
lar to other courts and to other cases.
If law is to be effective, it must be admin
istered with promptness and CELEBRITY. Law
breakers will be inspired with respect for the
law in proportion to the certainty with which
its provisions are enforced. Every facility
should be afforded for the speediest arrival
at the truth in all cases, no matter of what
character, and no discrimination should be
made when either defendant or plain
tiff or both, are men of influence either
through wealth or political power. AS it is,
man or corporation of unusual wealth can
override anyone of less resources. Trials can
be prolonged until the expenses kill the
weaker party; and if this be not enough, APP
peals can be taken from court to court until
the suit is finally abandoned, and those for
whom the laws were made as protection are
defrauded of their rights. 1t is time this de-
feet were remedied. 1t is time that legal
suggiery. apparent alike to judge, jury and
to the public, be done away with. 1t is time
that technical Instructions be brushed away
and allow Fthe current of justice
to sweep on unimpeded, and it
is high time that chicanery be no
longer allowed to override common sense in
the Interpretation of law and the admins
tration of justice. 1t is marvellous how pa
tent the people are under such trying cir
cumstances, This, probably, arises from in
difference to the affairs of others. But it is
a dangerous apathy. Interest in the law is
common. The rights Of each and all are pro-
tected or outraged just as the law is properly
or improperly Administered. Anything that
tends to retard or cripple the operation of
law is threat against the well being of or
ganized society, 1t is, therefore, the plain
duty of courts to facilitate their workings
and of legislatures to make the law so plain
that technical tricks shall no longer be
profitable,
THERE is an untruth out somewhere, Henri
A prominent New York Democratic poll