Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1885-08-24
LAST WEEKS COURT.


remarkable quarter sessions courts In the
history Of the county was held. To start
with, It was the largest--more cases having
bcen returned to II and disposed Of than
over before to any term OF court
Judge Patterson, In his instructions 10 the
grand inquest, said, besides other things
at Is also charged that some aldermen,
justices and constables are in the habit OF
urging persons to make compant on assault
and battery, surety Of the peace and other
cases, thus largely swelling the number of
petty cases to be disposed Of by court There
Is no way OF reaching these cases except
through the grand jury, whose duty II will
be to carefully inquire into them and II the
cases brought before the grand jury are un-
founded, it is their duty to ignore them and
| put the costs on the prosecutors, even though |
| the prosecutors be officers of the law"
| The grand inquest took advantage of the
above instructions to put costs in several |
| cases on officers of the law. The first one |
| who was directed to pay costs was Officer |
/ Wittick, in a prosecution he brought against |
| resident of Columbia for violating his
| marital vows Later In the week, however,
| the grand jury reconsidered that part of their
finding and exonerated the constable from
costs, putting them ON the county.
Alderman Spurrier was the next officer on
whom the costs we're imposed. He had en-
tertained complaint for assault ami battery
against Private Watchman Geo. F. Parker
brought by Robert J. Evans After a hear
ing in the case tho alderman decided TO re-
turn II TO the April sessions. The parties to
the suit then agreed TO settle the case and tho
| alderman was requested not 10 return 1t to
that sessions, Parker desiring time to raise
, the money 30 as to pay the costs. Time was
! | given, Parker did not raise tho costs and the
| alderman returned Ii TO the August term,
|. i Mi ha rms Ifahn ma al
| mans counsel has been granted a rule to show
cause why 80 much ofthe finding OF tho in
quest, as imposed costs on him, should not
| be stricken OIL on the ground that he was not
the prosecutor aud there was no evidence
that he had done anything but discharged
5 | his duty as a committing magistrate in re-
. turning the case TO court
CONSTABLE KLINE MULcTED ~ COSTS.
, The grand inquest next turned their atten-
: ton to two cases Of assault aud battery, grow
Q ing out OF family fight, and they put the
/ costs in these cases on Constable Kline.
These were returned TO court by Alderman
Fordney, and the complainant was accom-
, panied to the magistrates Office by an ex-
county officer who vouched for her credi-
| bility. The warrants were given to Constable
Kline to serve, because the defendant lived
y in his neighborhood, and that he says, is all
n | the connection he had with the cases. A rule
to strike oil the costs has been granted by the
II | court.
Corouer Honaman was the next official who
/
o the prosecutor in case against ii. Wilson
Robinson, of Salisbury township, for in
If teriering with and obstructing him in
:, the discharge Of his duty. The facts o
'e the case arc that son of Mr.. Robinson
s. was drowned. The coroner went to the
his residence to hold an inquest but was pre-
vented from entering the house for that pur
10 pose on the ground that the inquest was no
ly necessary. The coroner was unsuccessful III
. his efforts to convince Mr.. Robinson that III
III was compelled under the law to hold the in
quest, and he then brought suit The granC
inquest evidently took the same view of tn,
s matter that an inquest was unnecessary, TO
or they imposed the costs on the coroner. II
y this case also tho court granted a rule to SHOW
10 cause why the costs should not bo stricken
It, OIL.
$50 INDIcTINa 4 DEAD MAN.
ms Several years ago complaint was mad
n, | against James Shaw for numbering his wife
m Shaw fled from the county and died in
10, Baltimore hospital few months after tn
-, murder. In order to get the bill of IN
cd dctment disposed of, it was sent 10 th
he grand jury. Coroner Shfier WAS the onl
On witness subpunaed and his testimony was :
i'm the effect that Shaw died as above stated.
an was iully expected that the bill would b
80 ignored. but ii was not, as the grand iDque.
u" returned a true bill.
Dr. ilGrecn stole a horse from William NJ,
by Ardle a few years ago and skipped out, bt
six | coming a fugitive from justice. In order I
be be able TO try him, if he returned at an
an time, indictment was sent before Tia
's' o grand jury. The testimony warranted
"a, true bill, but the grand inquest did not thin
est SO, for they ignored il.
by Edward Shaddck, from Columbia, was /
20. the dock ready to plead guiltyto an indictmeI
nv charging him with the larceny of buiial
- robe. The grand jury saved him the trouble
no for they ignored the bill and Edward wa
'H given his liberty.
'y THE CAUSE or THE MANY CASES.
The grand jury in their report referred i
in the usual terms to the large number Of petit
III cases returned. They disposed of some
them by putting costs on the prosecutor
In all they ignored o. out of tho Il
ia cases. over S5 per cent Ii the gran
~, inquest had inquired as to tho reaso
lei why 80 many triiling cases reache
rs. court they would have learned ths
m; it Is because magistrates and constable
M are now not being paid for dismissed case
ro- Solicitor Fry refuses to approve and th
i,y county commissioners decline to pay sue
~ | bills The mag istrates say they do not war
iiS to do their work for nothing and az they car
q not receive pay Tor dismissed cases, they n
an turn everything to court no matter ho'
ses triiiing. If priina facie cases are made out
10 although, Judging from past experience, the
would doubtless dismiss many OF them
they were sure of getting their costs. Will
therefore the county Is saved the costs an
'es expenses in "dismissed cases" they a,
ast cumulate and are increased under the hea
ire OF court bills. The witness fees paid by tn
county, we understand, have greatly il
creased since the payment OF costs in d
H.
Nv COURT AND STATES ATTORNEY.
"a The row between the court and district a
cd torney, over the refusal of tho latter office
It TO enter mol pros, in cases brought into coul
Ir against small boys has been the subject of cor
se siderable discussion among oir lawyers an
be citizens. The general opinion among laymel
a m is that the judge did perfectly right in chas
NJ ing the boys home and reprimanding tn
ic- prosecutors The legal question as
N whether, the district attorney must enter
ey mol pros OH the order of the court will be al
ch gued at length before a fun bench
IA at the September term of court Tn
~ action Of Judge Patterson has been mad
ey the subject OF the following editorial whic
70 appeared in the Philadelphia Times ON Sun
So day, under the caption "The Crimes of Small
in Boys":
of "The action OF Judge Patterson, of Ian
N caster, in dismissng indictments against tw
- boys, only eight and ten years of age respec
Az lively, is deserving of the highest commen
'e- dation. One was charged with taking bo,
u of licorice balls from store and the other hat
o. in some way trespassed upon some propert,
is belonging to the railway at Brd-in-Hand
M The Judge ordered that nolle prosequi b,
~ issued in each case against the protest of thu
10 district attorney.
pc "There has been marked aud general ten
rf NJ flatn Ia