The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1888-06-29
versal of judgment in the Supreme Conn.
the exception.

versal of judgment in the Supreme Can't :,
the exception.
Now is there not something wrono;.,.
n would it not be we'll to hunt for a rom
edy? L claim there is. AS to the indictmoa.
it is true our statute has aimed to s,mnr.
the matter as far as it was thought possih1s
to conform to stereotyped theories: Int ona
careful analysis of it the language ;s ~
vague, and the expression that the ;nd;o.
ment must contain a statement Of tho f....
constituting the o%ffense, in plain and con
else language, without unnecessary renal;
ton" is susceptible of such a variety If ~
terpretations as to what Is sufficient. tha, il
many classes of cases it is very diff omit -
draw one which all the courts through which
it must pass will pronounce good. be)iev0
this can, and ought to be, remedied. and too
without any detriment to the substantial,
rights of the defendant. If it is urged that
innovations on long established precedent,
are dangerous, let me call your attention. in
part answer to this, to what is said bv tho
courts in the cases REPORTED in "a. of The Cal
Reports, page 209, and the form and suAi.
cheney of an indictment for murder, both in
the United States and in England, where the
prolix form so much in use is discarded. and
the plain and simple one used; also to the
same effect the case of Webster 5. Gushing
Mass. 296, and Rings case q. Cal. $40, 80 Cal,
80, and AZ id. 101, which cases have been fol-
lowed by at least one District Attorney in
this Territory, with success. Then, as to
nearly all grades Of crimes from murder
down which are indictable, the same diff
Guilty is met with as to technicalities in the
Indictment, and justice miscarries for it, and
when there is no reason why it should be Sc.
The code should be SO framed as to insure
certainty and not jeopardize the safety of
the innocent.
Another feature of the code works out a
great advantage to the defendant, whether
guilty or innocent, and is a powerful lever
in his favor, and which is void of reason.
This is the number of what are termed per-
emptory challenges-that is, challenges with.
out assigning any reason for them. When
the defendant sees a juror in the box with
we'll known notions of enforcement of the
law, or from some particular State, or other
impressions as to his not being a good man
for the defense, to reject him, when in all
respects qualified to sit on the case, is a gross
injustice to the public, and gives the defend.
ant an unfair advantage to which he is not in
justice entitled. And chen there is another
objection as to the qualification of jurors-s
to having formed at some time or other an
opinion as to the guilt of the defendant,
when the true test should be, as to bis opin-
ion at the time of taking his seat in the box.
There are a number of other defects l
would point out, but find that they would
require more space than can be accorded to
one communication of the kind, and l re-
frain with a promise in a future article to, in
in a measure, suggest the remedy for the
evils, with a hope that the law making power
may pay some attention to it in the interest
of the Territory and well. being of society.
r.
DEER LODGE, June %, 1888.