The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1888-07-13

arrest. The statute should require, in ad-
dition to the facts required to be set out in
the complaint, facts aud circumstances from
which 1t shall appear to the Justice that 1t is
probable that the accused will fee from the
Territory, and if it so appear he shall issue
the warrant. Anyone who has observed
will know that in q very large percentage of
arrests there was no need Of them whatever.
The indictment. As 1 before suggested,
the statute seems plain, and it is intended to
do away with technicalities, and has to some
extent, but it is difficult in many cases, even
by q close study Of the various iaterpreta-
lions of the courts, to determine what is suf-
6cient, and which in my opinion can be 80
amended as to be certain and definite, and to
that end, and for the convenience of prose-
cutting attorneys and benefit to the people,
and without any injustice to the accused, I
do not see why an indictment In substance
as follows, would not be all sufficient to ap-
prise the defendant of what he is called on
to answer: .@4"." .~.. @...
For all kinds Of murder: That at 3 time
and place named, A unlawfully killed B.
The means of the killing being q matter
purely of evidence, and the degree is solely
for the jury.
For an assault with intent to commit muir
der, or other crime: That At . time and
place named A unlawfully assaulted B with
intent to commit mu rider, or other crime, -
the case may be-.
For arson: That at = time and place
named A unlawfally burned the house Of B.
For burglary: That A, at . time and place
named, unlawfully entered the house Of B,
In the night time or day, Is the case may be;
and in this, too, all the ingredients of the
offense are matters of evidence.
For robbery: That A, at q time and place
named, forcibly took from B the property
described.
For larceny: That at the time and place
named A stole the property described from
B, and If 1t be bank notes or other written or
printed matter it shall not be necessary to
set out any other description thereof than
the amount called for in the instrument.
So as to every other crime known to the
laws. The statute should prescribe . simple
form of the indictment.
As the Grand Jury only serves the purpose
of making the charge against the accused, no
Indictment should be set aside for any de-
feet in selecting it.
Applications for change of venue should
be more restricted, for IS it now is, and IS
the discretion of the courts as exercised In
most of cases where granted, the grounds on
/ which granted are more imaginary than real,
and in many cases not even imaginary, but
made for the sole purpose of gaining An
undue advantage by the defendant, and
| which has done so much to defeat the ends
| Of Justice and cause an enormous unneces-
sary expense; "That the defendant has rea-
son to believe that the Judge is interested
| or prejudiced, or kin to or counsel for either
party, or that the prosecutor has undue in.
fuence over the minds of the people of the
County, or that the inhabitants of the Coun.
ty arc prejndiced against the defendant"
THIS, the language of the statute, is very
poor ground for such change, and puts it in
the power Of the accused to obtain it entirely
Loo easily. The law should require at least
some better evidence of the existence of any
fact which would be a good ground for such
change than what the defendant had reason
to believe, and besides, some of the grounds
in practical effect are without any reason
whatever. Everyone who has witnessed
the selecting Of a trial jury knows the rigid
examination each juror is subjected to before
he is accepted, which of itself does away
with the necessity Of 3 change Of venue on
account Of prejudice in the minds of the
people. With . jury so selected, and kept
In custody of an officer, how can the outside
populace have any influence on the jury?
Besides, IS to its practi cal workings, if there
should be any outside pressure brought to
bear on q jury, it is invariably in behalf Of
the defendant.
In proper cases such changes should be
granted, but what I complain of is the abuse
Of the law, and to prevent it a greater por-
ton of the grounds for . change of
should be repealed.
The next step in the progress of the case
Is the continuance, and where there Is .
possible chance for it it Is resorted to. As q
matter of right the accused is always entitled
to time to prepare for his defense; to obtain
his witnesses. Diligence should always be
required, and in many cases, in the discre-
ton of the Court, the payment Of costs
should be q condition of it, aud the statute
should be so changed. As it is such motions
are not made in good faith, often, but to
| gain an unfair advantage.
Section 294 Of the Code should be re-
pealed. It pertains to the challenges to the
panel of the jury, and the provisions Of the
statute Is to the manner Of drawing and
summoning of juries should be made direc-
tory, only, and that no judgment should
ever be reversed or set aside for . failure to
comply with the same, if 4 fair and good jury
has been had. The only object, 50 far as the
defendant is concerned, to be attained is the
getting Of = good jury. As to the manner Of
getting it, it is immaterial; how . juror got
into the box is Of no consequence IS affect
ing the rights Of the defendant, and the same
is the case Is to all civil trials.
The number of peremptory challenges to
individual jurors should be curtailed, Is it
serves no purpose but to delay getting Of the
jury and increase the expense. Usually
these challenges are at . mere guess, without
any reason for it, and often mistakes are
made In SO doing, and the best jurors are
excused-best for the party challenging.
The essential features of every trial are
the admissibility Of evidence and the charge
Of the Court to the jury IS to matters Of law.
As to these it would be Impossible to legis-
late, but it must be left to the Courts, to be
guided by the rules laid down by text writ
ers and the decisions of other courts of last
resort.
After the verdict comes, in case of convic-
ton, the application for new trial and sp-
peal. As to the former, there are some
minor changes which could be beneicially
made, which l will not notice, except that
there should be . larger discretion left to
the Court than is now allowed by law.
Appeals In criminal cases should not be
permitted - . matter of right, but should be