Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1884-12-04
Attorney Generals Report.

WASHINGTON, November 2J.-In his
annual report Attorney General Brewster
suggests that all accounts of chief super
visors of electors be taxed in open court
under the inspection and examination of
the District Attorney or his sworn assist
ant, as they must then be forwarded to the
proper department for further examination
and reduction if deemed advisable and
necessary. These election laws are of the
highest Importance to the general welfare,
and their proper execution a matter of
pure necessity. Their abuse, on the other
hand, is the great public wrong to be
guarded against by appropriate legislation.
The Attorney General directs the attention
of Congress to the want Of proper legisla-
ton for criminal cases. In preparing in
dictments, he says, for offences against the
United States it is found necessary to
follow common law forms of the last CEN
tury, with all technicalities, verbosity, de-
scriptions, repetitions and precision of state
ment formerly required, whereby that
which should be simple and concise in
written accusations, becomes lengthy and
painfully confused mass of descriptions
and allegations wholly unintelligible to
the defendant, who is called upon to an
swer, or to the jury selected to try the
case. To reduce the pleadings to plain
and comprehensive statement of facts
would serve equally to the advantage of
the government and the defendant. There
is no reason why an indictment ought not
to be adjudged sufficient and good in law
which charges its crime substantially in
the language of the act prohibiting the
crime and prescribing the punishment, or
so plainly that the nature of the offense
charged may be easily understood by the
Jury, and when it Is necessary to describe
or make an averment of any written or
printed instrument, as the law now stands,
such instrument must be copied into the
Indictment with literal exactness, equal
to a Photographic reproduction. The
omission of word that appears almost un
discernable among the lines and 1ourishes
created by skilled engraver or penman,
would be fatal defect that might enable
the guilty man to escape punishment. The
Attorney General points to the evils of
omissions and defects in the present law
in cases of murder, manslaughter, larceny,
demurrers, motions to quash, challenges,
etc, and submits a draft of the bill de-
signed to afford remedy. In connection
with the subject of jury duty he says 1t
is the belief and common report that the
business of jury fixing neurishes TO an
alarming extent in the District. 1t is as
certain that men live and support their
families, and even become rich in the prac-
tices of this nefarious profession as the
Jury system now exists. That unscrupu-
lous men safely conduct a lucrative busi-
ness in debauching juries in the District
should occasion no surprise. With but
twenty-six jurors, such as usually serve,
an active jury-fixeI would become ac-
quainted with two or three OF them in
few hours, and that would give him a
strong beginning in his efforts to thwart
justice. With but twenty-six jurors serv-
ing for three months it would not require
one-third that time for the combined force
of jury tixers to become thoroughly ac-
quainted with the habits, associations,
character and business of each Juror, and
influence, if any, that could be used to
reach him and bring him within their
power. Then again, what is there to pre-
vent one or more well dressed and appar-
emily respectable rJgues placing themselves
in the way of the marshal and his depu-
ties, to be brought into court as talesmen
and serving upon juries to acquit their
friends or cOnfederates.
The Attorney General recommends that
the Jurisdictions of the United States cir
cult and district courts for the judicial
district OF Maryland be extended for the
purpose of securing trial in such courts
and before juries drawn from the entire
State of Maryland of cases involving
crimes committed in the District of
Columbia against the United States. The
national treasury, he says, is great center
of allurement and temptation, ,sand inroads
are made upon it through all the avenues
by which it can be approached. All plans
to defraud the government, no matter
where contrived, are mostly consummated
in Washington, and when the guilty par
ties are arrested their trial must of neces-
sity take place before jury drawn in the
District. The arrest of one set of defend
ants brings to them the sympathy and
schemes. If the defendants are wealthy,
rs is often the case, by liberal expendi-
ture of money they secure the acquaint-
ance and friendship of prominent men,
who are of a social disposition and whose
open association and companiOnship
with the departments is not without
It's helpful effect. When case is called
for trial the government stands alone and
opposed by many disadvantages, while the
defendants are aided, not only by the
wealth, encouragement and influence of
their friends, but by certain feeling of
Indifference which seems to prevail in
Washington concerning such crimes. and
hey are permitted to depart from the
court room, triumphing in acquittal, escap-
ng punishment, and scandalizing the ad-
ninistration of Justice. Such has been
he case, and such will occur again so long
Is the national treasury is confided to the |
of local juries.
The Attorney General renews his recon-
nendations that the system of paying |
j. S. Marshals be changed from fees to
;alaries, and that additional legislation be
lad to protect executive civil officers of
he government in performing their duties
md against the outrages committed on
hem because they have faithfully per-
ormed them.
Attention is called to the fact that the |
legislature of Utah refuses to appropriate
unds for the execution of the Territorial
avs under Congressional legislation. If
his legislation is to be maintained, he |
ays, special appropriations must be made
to meet the demands of justice.
Chinese Exhibits for New Orleans.
SAN FRANCISCO, November 25.-The
,ity of Toxic, which arrived yesterday.