Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-05-13
WITNESS FEES.
judge R.-B. Webb chi Comptroller Ne.
Caii's Letter Allowing Fees OF Only
Two Witnesses 10 One Pact.
a Curious ana sra'whas Iste.estir 9
!, Phase of tho Law Invosyed-A VtxinE
Qaestion to Solve.

some experience N the matter of witness
fees In state cases, TIE GAzsrTEreporter
asked him the meaning Of Comptroller
McCall's recently published letter Is to
allowing fees OF only two Witnesses to
one fact.
o>"Thet letter." he replied, "iryolves q
curious and Somewhat interesting phase
Of the law. The matter Of hs state pay.
ing witness fees is vexli 6 question, and
one Of those things we'll nigh incapable of
& satisfactory aud equitable adjustment.
To pay witness fees In full in all Criminal
cases would bankrupt the state in less
than ave years. The line cutting ca par,
of them, wherever 1t may be drawn, must
necessarily be an arbitrary one, and just
where and how TO draw 1t
Alright Is q problem which legislatures
have vsinly tried to solve. l. Is an abb
trary aistip ction that allows such fees 10
felony cases and not in other STATE cases,
ami the same is eq1aliv true of allowing
fees to q witness who attends court
ACROSS county line, while the witness
| wing so the county Of the trial, but who,
In q given case, may travel further and re
detained lnr ger, 10 given moth ng. "
the line musl be drawn somewhere of me
fees refused eltoge her. The Revised
Code Of 1879 did go refuse them, bu: sfter-
wards the exceeding hardship and in
justice Of Witnesses being dragged TO
other aud often distant counties, de-
tanned there for weeks and then released
to walk home, II they had not Means 10
pay fare, induced the Legislature to pro-
vide for the payment ct fees
In IN
Witnesses compelled TO 60 out
OF their counties. The allowance, how
ever, wss hedged about with the sslutsry
restrictions that process for such wit
pesses should not issue until the prose-
cutirg attorney had filed q statement, or
the defendant an AFFIDAVIT, to the effect
that the testimony Of such witnesses was
material. Another restriction WAS pro.
viso that fees OF more than two witnesses
to the same fact SHOULD not be allowed
unless the Jadge should certify that such
Witnesses we're necessary in the cause. l.
seems that food OF witness accounts is
pouring in on the state treasury, and the
alarmed Comptroller. perhaps as last
resort, seeks to stem the swelling tide
by interposing this pruviso.'
us it not an effort then to have the
law spplieo?"
eyes, out unfortunately the proviso is in
reality but an obstruction, theoretical
ldea incapable Of practical application
except in very rare instances. Nsi'her
the statute nor the Conptroller's letter
Directs in cases where there are hire
witnesses to the same fact which two
shsll be chosen and which one shall be
left Had the letter instructed the judges
In such cases to call before the court II e
three witnesses snd have them throw
pepper coins for fret and FEC md choice,
on lhe theory Of the ancient wager Of
battle that God would favor the pest man,
the matter would have been made less
I'd ;ult, ano If the losing witness voIun-
tsrHy engaged in the throwing, the dec
tripe of estopple nigh be invoked against
the further assertion Of his claim, and the
conscience of the state thus poBorshly
relieved Of the odlum Of " just diecriml-
nation. True the Biole says two women
shall be grinding in mill snd Ole Shall
be taken and the other left, just ss this
statute would provide that three wit
nesses shall be grouad in court and two
shall be taken and tue other left, but the
difference In the cases Is tina
the Inscru.able wisdom Ct God Deirg in
the one we are perforcs content, while as
to the equally inscrutable wisdom In the
other the element of absolute faith Is
lacking, and hence the judges demand o
"tnus saith the law" IS to now the dis
criminati shall be made. The dete,mi-
nation, however, of whether three OF
more witnesses have all tett fed to the
same fact and only the same fact would
in most cases involve f1per Analysis Of
expression and mental Influence, ard 3
profounder kno.ltdge OF metaphysics
thsn is usually given to mortal men. Tue
Com ptroller NAV think that The Tsct" in
vowed in the testimony OF tree VIII
nesees with extended cross,examinatiG n
OF each is such spe cif1c thing ss thai
the Judge can readily select it out Just a.
be sees q negro with q shovel throw ou5
chunk Of coal, but 1t ID not go. And
even IL it were SO, vet II the third wit
ness testified to four sepsrate Regiments
Of other fscts, each fras ment a greater in
size. should he not likewise have his
pay2
As the law cares not for trihes and
usu silly c. UNITS fraction cf dsy . whole
day, the witness might fairly claim his
pay If ne testified separately TO as much
as good solid nall Of fact. II you can
inns CINE three witnesses testifyiDg in ex-
sctly the same language whether WORD
more nor less, snd maiEtaining this per.
feet accord throughout the crucial teet Of
ross-examina'ior, then you will have 3
csse wherein they have testified to only
the sane fact or facts But how much
significance may be sttsched to the slight
est variation, s66Iti nal statement or
shade Of quail ficstion. NJ one CON tell
Inst which the judge might reject, in re-
tusiEg to ap.rpve the witness account,
may have been the capstone Of the corner
in sthe work Of the jury, the
pivotal point In the verdict, the
psit's WEIGHT that turned the
balanced and vibrating scale OF justice
and decided the issue OF lie or death for
the defendant.
"Agsin, in the many cas- wherein the
state finally dismisses the prosecution or
the defendants dies before trial the Judge
could mot determine that thres Witnesses
would have testified TO the same fact with.
out practically trying the case for that pur.
pose, and submitting the witnesses to the
fullest and minu'est examination"
"Hss this rule never been spplied"
"Not within my knowledge. l tried
once, ss counsel to have judge apply 1t
in civil case, but fsilsd; and in allow
ing accounts myself, never found case
where thought ( ought to be applied.
But the gsllantry Of the Comptroller In
his really laudable effort to check the