Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1884-04-11
OTHER REA SONS WHY.
The Failure of the Courts to mcte
Out Justice to Crimtuais mud to
LitigaMts In civil Cnscs not
Due Alone 10 Ignorant

Out Justice TO Criminais md to
LitigaMts i'm civil Cnscs not
Due Alone TO Ignorant
Jurors,
fFrom Toledo Evening Post
Teclnicali,ics in the framing OF indict-1
ments, in the drawing Of pleadings in civil
cases, and in the admission OF rejection OF
evidence in both criminal and civil cases,
are among the things which make the peo-
ple mad with the courts. The enormous
costs. the fees allowed shcriffs and clerks,
and the high sums charged hy good law
ycrs tor their services, are another reason |
why the poor people aud tax-pnyers 60 |
out in the night and administer justice as
il eternally Il, and the law OF the land as
il should lie, with rope and torch and dy
Mantle. Expense houses, extor ion shops,
fee machines, official robbers dens, are
names sometimes quite as fitting Tor the
solemn old brick buildings owned by the
counties of Ohio and now cslled The conrl |
houses. The Pnst is not firing Political
clubs at Republicans, or any officials In
either psrty. But it would drive bat
tering ram against legalized wrongs, er-
rors and expressions that custom has es-
tnblished, and which grow stronger be-
cause of political cowardiee in Legislators
and artfcialness, and tecnicalness and
"refned" nonsense in judges and lawyers.
The Post believes in the present. II re-
Rpects the past, too. But the present
knows more than the past.
Lucas county has three judges. Up to
1870 1t had but one. The fees paid the
lawsuits of to-day, are substantially the
same as the fees paid them in 1910, when
the court records could be carried in
wheel. barrow, or in 1869 when Judge Fitch
heard all the causes. When the sheriff of
Fulton comfy hands u farmer at e store
a square away from the court house in
Wauseon a summons lie gets 80 cents, the
price OF pound of wool, or II bnshel OF
potatoes, or the best part OF bushel OF
coin. II there had been court in that
county TO issue summons in 1881 the
sheriff would have received within FIVE
cents of as much. To day il the Fulton
sheriff rides into the country 10 serve
summons he is allowed the price OF half
dozen eggs for every mile OF fresh air lie
erioya; lie was allowd Ave cents per mile
when the mad of all reads in Ohio was a.
deep as the roads were long. Section / ,26O
of the Ohio statutes covers more than
page of solid type and is packed with
every variety OF fees allowed the clerk OF
Wood county and all counties, and among
them 10 an allowance of 25 cents for draw
ing his cost bill Think of your grocer
charging you for his goods and .or max
ing out a bill OF his prices also !
After taking all the law allows, the
county officials too often grab what ia not
allowed them, by deeeiving suilors, or the
commissioners. Prosecute an official for
overcharging, and he defends himself with
the invulneruble shield Of custom "in all
the counties or Ohio" Let a man expose
courthouse frauds and he can never hope
for Office or honor as long ms the court
house ring can slan,ler and lie.
After paying all the costs, legal and il.
legal, the sufferer is as uncertain OF getting
his rights as the holder OF a lottery ticket
is of getting aprlze. Justice is blind luck.
Turn to sections 1924 and 5295 OF til Ohio
code and you will find two reasens why
your lawyer did not win your last cause
il il was Just one, These sections relate
10 "variance" and failure of proof" be-
tween the written peadings and the evil
dcnce offered on the trial. Mark this nor.
sense from the Supreme Court: "Prooi
that the defendant erected stone fence,
fifteen rods from road, 'using water Il
flow upon and obstract II road, cannot bs
received where the cause of action alleged
in the petition is. that the defendant erec.
ted fence across the road, thereby oh
slructiog it," II A obslructs a road b,
building fence, should l. be nonsuitec
becs use he tails to charge in the petition
the exact distance and position Of the ience
laborer lost his wages: A sued b IL
~ fnr ,unrb ,,arfnrn,a1 A
alleged that he had performed work on
mil dam. When lie come to trial his ev
idence showed that the work lie had don,
was in the harvest field. In the Commor
Pleas and District court A got Judgment
Rut the Supreme court said that there WAS
"yar,ance" between the petition and the
evidence and 30 reversed the judgments
Such is the law to day and the judges o
last resort have not the common sense and
courage 10 discard and condemn such tech
nicalities.
If Judge gives wrong charge to 9
iury and the charge is objected to as a
whole, the District and Supreme CourI
will not remand the case for another tria
if. with all the glaring errors, there are
some correct parts, unless the objection OF
exception" points out the particular er-
Tors.
In Johnson's trial at Napoleon, II he hat
obtained dozen liars to testify that lie wai
up n tree after a coon In Ottawa county
when his victims were murdered, the State
could not have impeached the witnesses by
evidence showing different times whei,
each had lied. Two years ago twenty mer
or more were called on in Toledo to testify
that a certain church deacon was liar
Each of the twenty men could testify ia
certain lies the deacon had told. Bnl
some of them had never heard other peo
ple question the deacon's truth and veraci-
ty. and hence they were excluded from
testifying. Unless Johnson's twelve wit
nesses had general reputation" MS liars
the Jury could not have been informed oI
their lies in separate cases.
Rarely does an intelligent man leave the
wilness stand without feeling that he wa'
not allowed to keep his oath 10 testify
"the truth, the whole truth and nolhiny
but the truth"
Such are some Of our reasons for saying
that the failure OF justice In our courts Il
NOT alone due to ignorance IN The jnry box
In the light Of Cincinnniis burning Conrl
House we hope the judges who administer
the laws will find pathway Tor justice
which shall not be walled with the de
youring beasts OF fees aud costs, Nor an,ler
mined with technicality's, traps and tor
pedos. While the howl si the mob echnes
lei the lawyers take warning and deinol'Sl'
their gods Of Blackaionisll iniricacies d
which the court houses are temples aud
the benches are altars. The legislators at
Columbus ought TO have az much concern
IN these legslized obBlructlons To jusiice as
the jails of il,eir respective counli's held
a tts.lu