Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1885-04-23
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LANCASTER, APRIL %, 1855.
why the Tramps Thrive.

The tramp nuisance is getting to be
serious one in this city and county. Our
citizens are daily exposed to injury and in
suit from these frequently malevolent
creatures and nothing is done to abate the
evil; which yet may very readily be
abated. The constables and aldermen who
find their offices made fat by arrestng
Migrants at the cost of the county have no
inducement to suppress the nuisance.
Their profit comes from its continuance.
The more tramps, the more chances for
fees and our court seems NJ have no de-
sire TO check the efforts of the police and
justices In this direction. On saturday
last it gave new trial to the Columbia
justice and constable, who were convicted
on the clearest testimony, of having robbed
the county by committing men as vagrants
for the sake of their fees. 1t was shown
that they seized upon respectable men who
were in no sense vagrants to make their
few dollars out of their commitment.
Judge Patterson said, in granting
the new trial, that he never thought that
the conspiracy to defraud the county had
been made out. Maybe he did not. 1t
would be rash to deny any ascertain he may
desire to make concerning his blindness.
Nevertheless it is clear enough that these
officers conspired together to cheat the
county. The case was very fragrant one,
and it is gross wrong to the community
that the just verdict of the jury is set aside.
The wrong is greatly aggravated in this
special instance, because by disturbing the
verdict of the jury that tried Struck and
Frank, conviction for their offense is
practically rendered forever impossible. 1t
the triahpf the defendants was postponed
az a Nts and though they were re.
turnedy he April term of 1884, they Sc.
cured continuance to May, to August
and to October; during all of which inter
vening time the witnesses necessary tC
make out the commemorative case, being
poor men and non-residents, were kept here
or were regularly brought here at much
trouble and expense. Upon the trial the de
PENDANTS counsel argued very strongly the
same point upon which Judge Patterson
gave them new trial, that the testimony
did not support the charge of conspiracy
Judge Patterson then, after full conside
ration of the matter, allowed the jury, the
proper judges of the facts, to determin,
them. If no case was made out he SHOULD
not have left it to the jury; but having so lef
it, he disturbs their verdict and usurps thsi
functions, because they did not agree will
his view of the case. This is an invasion O
the jury's prerogative and an abuse of tn,
judges power, which in the case under con
sideration is a very serious public concern
For if the opinion of the court was so yer,
clear, as to the error of the jury, the YER
dict could have been set aside at once ant
the defendants could have been tried agar
or upon another charge, when the,witnesse.
were within reach. Instead of this promp
administration of the law, Judge Patterson
withheld his opinion from last December
when the rule was argued, until last Satur
day-a period of four months-and theI
cOOlly announces, without filing scrap OF
paper to show that any deliberation wa.
required or any delay needed. that
in the mindsof himself and his colleague
there never was any doubt that the defen
dants were improperly convicted for con
spiracy. If no doubt, why this long delay:
Meanwhile the witnesses against Frank
and Struck are scattered and gone
one OF them, we understand, being
on the high seas, and all beyond the
jurisdiction of this court. Anothe,
trial of Frank and Struck for Conspiracy
for extortion, for illegal fees or offense of
whatever technical name, arising out of
these facts, is of course impossible, made SO
by Judge Patterson's delay in filing an
opinion, about which it seems he was clear
In his own mind, and was reinforced in his
opinion by his colleague four months ago.
Justice being thus baked in the court of
justice, the tramp business will no doubt
continue to be manipulated for the benefit
of the constables and justices, and not for
the relief of the community.