The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-11-26
As.,r,sy a..sr.a Dr.vsssr.

lepislatfon.s The AttOrney-~fenotaI
direots the attention Of Congress TO
tie want Of proper legislation Tor
criminal cases. In preparing indict-
rnents. he says: For offences against
the United States, It 10 found neces-
sary to follow the common law forms
of last century, with all the techni-
calities. v~erbosities, descriptions, rep
etitions and precision Of statements
FORMERLY required, whereby that
vhich should be simple and concise,
written accusations become q lengthy
and painfully confused mass OF de-
scrlptions and allegations. wholly
uninte]ligible to the defendant who is
called upon to answer or to the jury
selected to try the case. To reduce
pleadings to . plain and comprehen-
sive statement Of facts would serve
equally to the advantage Of the gov
eminent aud the people. There Is
no reason why an indictment ought
not to be adjudged sufficient and
good in law which charges tts crime
substantially In the language OF the
act prohibiting crime and prescr1b-
ing punishment, or 80 plainly that
the natureof the offence charged may
be easily understood by q jury; and
when It is necessary to describe or
make averment Of any written or
printed document, a. the law now
states, such document must be copied
into the Indictment with literal ex-
actness equal to photogr aphic re-
production. The omission Of q word
that appears almost un~discernlble
among the lines and dourlshes Gre
ated by the skill Of the engraver or
penman would be . fatal defect that
might enable . guilty man to escape
punishment. The attorney general
points out the evils, omissions and
defects In the present law In case OF
murder, granddaughter, larceny, de-
murrers, motions to quash, chal-
lenges, ETC., and submits q draft Of q
bill designed to afford the remedy.
In connection with the subject Of
jury duty, he says: 1t is belief
and cannon report that the
business of ''jury nxlng" fourishes
to an alarming extent In the district.
It is as certain that men live and
support their families and even be-
come rich in the prsctice of this
nefarious professor as that 4 jury
system now exists. That unscrupu-
l0us men should safely conduct q
lucrative business in debauching
juries in the district should occasion
no surprise. With but twentysix
jurors, such as usually serve, an
active jury 1xer, would become &C.
quainted with at least two or three
Of them in q few hours and that
would give him q strong beginning
in his effort to thwart justice. With
but twenty-six jurors serving for
three months it would not require
one-third of that time tor the COM
pined force Of fixers to become
thoroughly acquainted with the
habits, associations, characters aud
business of each juror, and use lnflu-
enee, If any. that could be used to
reach him and bring him within
their power. Then again, what is
there to prevent one or more well
dressed and apparently respectable
looking rogues placing themselves in
the way of the marshal or his depu-
ties, to be brought into court az
and serving upon juries
to acquit their friends or conteder-
ates?
The attorney general recommends
that the Jurisdiction of the United
circuit and district courts for
the judicial district of Maryland be
for the purpose of securing
. trial In such courts, and before
(uries drawn from the entire State of
of cases involving crimes
committed in the District Of Column
against the United States. The /
national treasury, he says, Is q great |
,entre of allursment and temptation. !
[nrOadS are made upon 1t through all |
avenues by which 1t can be ap- !
preached. All plans to defraud the
government, no matter where con-
rived. are mostly contaminated In
Washington, and when the guilty
parties are arrested their trial must,
necessity, take place before q Jury
1rawn In the district. The arrest Of
me set OF defendants brings to them
he sympathy and active aid of all
)thers engaged in similar schemes.
II the defendants are wealthy, as is
'ften the csse, By q liberal expendi-
ure of money they secure the &C
Iualntance and friendship of prom
nent men who are of q social dis
position, and whose open and pubic
and companionship with
lefendants is not without its help
al effects. When the case il called
or trial the government stands alone
opposed by many disadvantages,
while the defendants are aided not
My by their wealth, the encourage
and influence Of their friends,
ut by q certain feeling of lndiffer-
nee which Seems to prevail in
concerning such crimes.
hey are permitted to depart from
court room triumphing in their
cquittai, escaping punishment and
candallzlng the administration Of
lstlce. Such has been the case be.
ore, and such will occur again so
ing as the national treasury is con.
ded solely to the protection of local
lrOrs.
The attorney general renews the
recommendations that the svstem Of
aging United States marshals ha
aanged from fees to salaries, and
rat additional legislation be had to
the executive and civil off.
'rs OF the government in perform {
g duties and against outrages COM 6
littea upon ttem because they have {
performed them. Atten-
on 10 called to the fact that the !
OF Utah refuses to appro-
FUNDS for the execution of
rrltortal laws under ooperessionei g
glslat1On. 1t this legislation "a ~ h
anrsat;eno ne says, special ap.
meet the demands Of justice. !
Argument Commsuaea. ~
w AsA1NaToN. Nov. 25.-In tho t
; ;oh OF Claims to-day Judge Jere. 9
90 a wilson began argument in the Q
s .c;S ~ me Government W. the Union q
; 'E.ao Esllway Company. JUDGE y