Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-09
A REMEDY WANTED.

The worn-oid question OF the lmpriSon-
ment of witnesses and the cruelty and
injustice that nearly always accompanies
such restraint of liberty, is again under
discussion in New York A sergeant Of
police committed a gross criminal assault
upon an innocent girl of virtuous charac-
ter, perfect modesty and amiability. She
is the support Of feeble and widowed
for it seems to have become a settled
principle of American law that no case
shall be tried while the facts are fresh, and
that no case is fit for trial until it has had
several long continuances, and the GRIM
inal lawyers have been given full Oppor
tunitv to tangle the matter to their hearts
content-the girl, however, being poor, is
not able to give security for her appear
ance, and as result is locked up in the
House of Detention. Heaven only knows
how long she will be compelled to remain
there If less than half year, says
leading paper of New York, she will be
lucky girl In the meantime the brute who
assaulted her is at liberty, and enjoys the
opportunity of fixing things" and pre-
pairing witnesses to suit his own fancy and
accomplish the destruction Of the girls
character.
Now, this is grievous case, but not
one whit worse than ten thousand
that have preceded it. What is
to be done? 1t is certain that
the humane sentiment of the country
is outraged by every instance of this kind,
and is fast approaching point where it
will manifest itself in a radical manner.
But what then? Shall we allow criminals
to escape the clutch of justice BY releasing
our hold upon the prosecuting witness?
Shall we give the criminal opportunity TO
do away or tamper with the witness,
as if often done? Shall we intimidate the
injured party and prevent him, as We row
do in many cases, from bringing the GRIM
inal to Justice by the threat of imprison-
ment if he complains Of injury? 1t is well
known that a great many outrageous in
fractions Of the law are not reported be-
cause the injured party fears he will be
forcibly detained as a witness, and, as a re-
suit, the criminal class gain immunity i'll
very large number of instances. This is
rank injustice to society first, and to the
injured secondly Take the case of the
girl in question. Is it better to detain her
among a large number Of prisoners, in
order to secure the punishment of the Of
fender, or take the chances Of her non-ap-
pearance on trial day? If released and
she disappears, has greater wrong been
done than by her detention, which is cruel
ty in any light in which viewed? 1t has
been suggested that the party charged
should he required to give bail for the APP
pearancc Of the prosecuting witness. But
this is without force, since, on refusal to do
so, the State would still he compelled to
retain the witness. Again, it is urged that
a remedy may be found in the immediate
taking of the testimony of the witness
But in only few cases can this be done
with certainty of developing the whole
truth. The best remedy yet proposed is
4 return to the rigor of the Roman law,
which proyided-at least in the case of as
saults upon women-that an immediate
trial shall take place, and that it be made
final. While this remedy is full Of danger
to the liberty Of the citizen charged with
crime, it avoids the outrage of imprison-
ing an innocent party. Yet we cannot
concur in the plan of immediate trial The
question of continuance must remain IN
open one and in the hands of the Courts.