The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1888-11-07
Five Gents.
Elect a Defendants Counsel.

Elected to see that justice is done"
That is the way people speak of their
prosecuting attorney. Now, the fact is that
prosecuting attorneys duty, as accepted
by himself, and should be by all persons, is
to convict if possible every person charged
with crime.
A young man is presented i'll court, en-
barraSsed and confused. He is for the first
time brought before judge, jury and law
yerS. He cannot afford to fee a lawyer and
has no opportunity of presenting mitigating
circumstances: for it is hurry up. The
Judge asks, WHO is your counsel?" II
have nOne," he answers. WHO will take
this young mans case?" the Judge asks.
Then there is a dead silence, because there
is no fee. and the judge turns to some at
tOrney who never had a case in his life and
never would have unless one was given him
by the judge, and whose advocacy would
be enough to secure the condemnation OF
innocence itself, and appoints him. The
professional incompetent craWlS up beside
the prisoner. helpless to do him the least
service. Now draw a comparison between
the counsel for the accused and the peer of
your bar, whom you elected for his learn
ing, his elOquence and public influence, to
be your prosecutor. Listen to him over
hauling that young man as though he was,
an old offender. OF course the accused is,
convicted and sent to the pententiary.
Humiliated and disgraced, the chances are
that if he lives fifty years he will be GRIM
inal for fifty years. Why did not this
prosecutor, whom you elected to see justice
done. take this young man into his private
office. and say to him: My boy, this is
your first crime and you see what is before
you. Now, l propose to put you upon
your honor. and let you off if You will go
with me and apologize to the man you
WrOnged and offer to make all reparatlOn
within your power" But do any Of your
Justice prosecutors ever do this? No:
you don't elect them for that kind of JUS
tice.
1t may seem an astonishing statement
but it is true one, that in the classifca-
tiOn of the causes that produce criminals.
prosecuting attorneys stand next to whisky.
This state elects and pays salaries to over
half hundred of these prosecutors, and. be-
sides, pays good premium of S25 for each
conviction they may secure. These half
hundred prosecutors send annually to this
prison, a hundred young men, who. for the
first time in their lives, appear before
court of justice charged with petty OtfenSeS;
young men whose fathers are dead. whose
mothers are dead, and whose relatives still
living are in foreign country. or in the
eastern states. These young men without
taint of crime in their blood strangers,
out of employment and out of money, in
strange country, driven by necessity to com
NIT some small theft. and then prosecuted
in ''gOulish glee" by your elected eXpOunder
Of justice, are sentenced to this prison, and
after the disgrace and humiliation. they
furnish a prolific source from which the
criminal population of our day is aug
mented. Your Goddess of Justice is blind
folded. You make more criminals than
you correct. Fully seventy-fve per cent. of
the prisoners confined here have been de-
Tended by shySter attorneys, appointed by
the court.
Now, why not elect an attorney for each
judicial district, an attorney who is the peer
of your prosecutor, and whose duty it shall
be to inquire into the case. and properly
defend every person charged with crime
who is without counsel. within his dis
trict This defendants counsel should pre-
sent the ameliOrating circumstances in cases
where guilt is acknowledged and where in
nOcence is falsely charged. or slight act,
aggravatingly prosecuted. 1t should be his,
duty to fight with all his power. and snatch
if possible human soul from the path
that leads through the prison. to dishOnor,
distrust and eternal ruin. Let us have
defendants attorney" elected by the peo-
pie with the same power as the prosecuting
attorney. and then there will not be so
many men in prison who should not be
there. l., M