The Dillon tribune. [volume] (Dillon, Mont.) 1881-1941, 1885-02-21

Under United States law and under the
stututes of Montana provision is made for
holding preliminary examinations on the
part Of the Government before u. S.
Commissioners and on the part Of the Ter
ritory before examining magistrates. A
preliminary examination is instituted and
conducted for the purpose of ascertaining,
from thetestimony presented, whether there
is probable cause that an accused person is
guilty Of the offense or crime alleged In a
complaint. Preliminary examinations are
of no further weight than to determine this
point, for higher court tries the cases and
DEGREES punishment. This being the case
preliminary examination amounts t. lit
tie or nothing and it is cumbersome part
Of the machinery Of the law, costly to the
people Of the Government, Of the Terri
tory, or the County, as the case may be.
1t would be better and less expensive, in
every instance, to bring an accused person
before = court Of competent jurisdiction
rather than go through a preliminary ex-
animation which decides nothing, for
"probable cause" is the next thing to no ev-
idence at all. When preliminary examin-
atoms are conducted with a latitude IN.
known or unacknowledged by the law they
assume the importance Of regular trials,
and, while settling no issue Of law or de-
,ermining no matter Of fact, they inflict
burden Of expense on the whole people.
We might cite number Of cases in Bea.
verhead County of preliminary examine
tons that have been attended with all the
parade and importance of costly trials the
results Of which were either ignored by the
Grand Jury, dismissed BY the District
Court, or upset BY sworn jury. This be-
ing true, it behooves examining magistrates
to keep within the limits prescribed by the
law while making Investigations. Every
man and woman is presumed to be inno-
cent of the commission Of all criminal acts
until proven guilty, and hence when an
accused individual is arraigned he should
be allowed all reasonable chances to estab-
fish his innocence for the reason that he
is confronted which complaint in which
specific charge is made and which is sup
posed to be supported by the burthen of
convic;ing evidence. A preliminary ex-
animation, somewhat extraordinary in its
character, has been going on in Dillon, and
1t has created an unusual amount Of inter-
est and local excitement. The case is the
U. S. Government against Judson r. Hol-
den, Postmaster Jas. Kirkpatrick being the
complaining and eliminating witness for
the prosecution. Holden is accused Of
robbing the Dillon Postofic-. The evil
dence of the prosecution is circumstantial.
A search warrant was issued and a deputy
sherif-in company with the complaining
the unoccupied dwelling
house of Holden where, it is alleged, over
$50 in marked money was found in bu-
reau drawer. This money, it is alleged,
was stolen from the Postofice, and the
prosecution identified the coin by means Of
sundry private marks or scratches put up
on the same by Kirkpatrick. This is the
gist of the testimony introduced on behalf
of the Government before Judge Mead,
Acting U. S. Commissioner. The defense
denies any knowledge of, ownership in, or
claim to the money, and relies on the we'll
established good character Of Holden for
vindication from the charge. Added to
this the defense made vigorous effort to
impeach the character of the principal wit
ness for the prosecution for truth and hon.
esty. A large number Of witnesses were
examined, and the examination of witness
SEES, together with the arguments of coun-
sci, lasted six full days. We have no space
for an extended review of the testimony.
During the examination the court room
was crowded daily with deeply interested
spectators, many of whom were ladies.
The array of legal talent in the case was
noticeable and powerful-ponderous would,
perhaps, be the more appropriate word.
Lawyers are too poor and unhealthy to
work for fun, and so the pres sumption is
that the legal lights raked in adequate COM
pensation for their distinguished services.
We believe it is the bounden duty of an
and model lawyer, when he
gets in case, to attemp. to make white
black or black white to cover and meet
However, no lawyer can
supply lost links in chain of circumstan-
tial evidence or patch up testimony that has
|oop-ho!es in it large enough to roll bale
Of cotton through and thereby convict
an innocent man before an impartial, cold |