Alma record. (Alma, Mich.) 1878-1928, 1889-12-27
COURT In THE COUNTRY.
A Rural Magistrate EIaborately Defines
Reasonable Doubt.
How a Country Justice Got Out Of q Bad
Fix-while the Picture May Be Somewhat
overdrawn 1t Points Out an Existing

0verdrawn 1t Points Out an Existing
Evil.
The rulings OF those peculiar insti-
tutions for the enforcement OF the law,
known rs country magistrates, says
the Cincinnati Times, are celebrated
the world over as second only to the
finding OF the average jury for origin
ality of flavor, texture and color. He
always has quantity OF justice on
tap. and the litigant can have it in
either large or small packages, and
Can have it delivered right at the door
aud pay at his convenience.
One of the best incidents that illus
trates some peculiar characteristics OF
the magistrate in the country is that of
the preliminary proceedings held in II
case OF man who was arrested. Tho
evidence showed the prisoner was ap-
pretended while attempting TO enter a
house in the night time presumably
with burglarious intent The idea OF
binding him 10 the grand jury under u
charge OF attempted burglary did not
enter the magisterial mind and he was
stumped. The offender mad been cap
tured before he had taken anything
and larceny was out OF the question.
He had not even completely entered
the house for he had but one arm and
one leg inside the window when cap
tured. However, the squire got out OF
the fix in a way that would reflect
credit on "A judge of long experience.
He said in delivering his opinion:
''In my long experience rs u very
humble twig OF the great forest OF the
legal fraternity | have never had IL
case that involves so many abstruse
propositions physical and architect
ural) and so many apparently adverse
rulings by courts in totally different
cases that | freely confess | can hardly
turn either way without going in over
shoe tops into the soup. pardon the
expression. | know it has no strictly
material relevancy, so the court of his
own volition will rule it out) The
prisoner may be guilty beyond u
reasonable doubt. and again he may
not. In defining "a reasonable doubt |
do not take it that the law requires a
doubt so stuffed with reason that it
can't walk $50 10 speal) and has
abdominal pains and seems surfeited
with sense Neither do | think it u
doubt that wouldn't know reason il the
latter came down the street in winter
time wearing "a buster and straw hat
and carrying tin valise. Not at all.
The court. in defining a reasonable
doubt, will say that the correct dedni-
ton is n doubt that reason had smash
ed, run over, kicked and dragged
about in the mud until the friends OF
either can not tell them apart and by
unanimous consent Of all parties IL ia
considered IA draw. Applying this rule
10 the prisoner, I'll be hanged If know
what 10 do. | think he is guilty but
the question is not what |, man who
is prejudiced by the facts, think, but
what is the opinion OF the law made by
men who never heard Of the case. The
law is like one size OF n ready-made
suit OF clothes for people OF various
sizes. 1t may be loose in the seat $50
10 speak) or too CALLING in other places
but the wearers must accommodate
themselves TO the clothes and not the
clothes TO the wearers. Not finding
relief in any home authorities. | turn
with considerable relief to tho last
ruling OF the Supreme court OF our
sister country OF Mexico during the
reign OF Santa Anna Qztaccihuatl VS..
Popocatepetl. p. 10 NJ. r. 220). The
case | need hardly recite at this time.
for the time OF this court is pressing,
and dinner is almost ready. | think
this man should be but partially held.
for the right arm and leg may not have
known what his left arm and leg was
doing. Hence it is the judgment OF
the court that his left arm and leg be
bound over TO the grand jury. and no
can take his right arm and leg with
him or leave them just as he chooses.
The constable and the victim will
each pay half the costs"