The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1890-06-19

negative and positive. This will suffice
until next week. LEoNARDUs.
Proposed Reform in Criminal Trials.
The uncertainty of punishment is one of
the evils attending the administration OF the
criminal law. But there are many. Trial
by newspaper has become a cause of much
injustice, sometimes to the prisoners. some
times to the people. The old doctrine that
man should be adjudged innocent until he
has been proved guilty is in allegiance. On
the contrary he no sooner finds himself in
the clutches of the law than evidence is
gathered against him. and published far and
wide with comments and reflections calcu
lated to influence the public mind. Every
thing is made to point to his guilt, and the
efforts of the ablest lawyers are directed to
get conviction. He is tried possibly by
his peers, as the theory goes. but if he be
man of intelligence even that is doubtful.
The newspapers have been filled for weeks
with ''exparte" argument in the case, and
the jury must be selected from men who
are too dull to have seen the papers. When
at length the desired conviction is secured
the utmost ingenuity is exercised to defeat
the law. If the prisoner have sufficiency
of political influence he may find judges
who will assist him to evade punishment al
together, and they show that equality be-
fore the law is delusiOn. If his crime be
capital offence. and the evidence against
him be ever so strong. delay will be sought,
and so sentence which should have been
carried out in two months has been deferred
as many years. while its force as warning
to others is dssipated. To accomplish this.
new evidence is looked for. Lawyers
will talk about it even while they know it
is to be at the best only prospective, and to
set it up into some shape perjury may be
necessary. Meanwhile the policy out of
doors has changed. The writer's who once
did their utmost to condemn the prisoner
now strain themselves to commit measure
of public sympathy. They found him
guilty before he was tried, and now they
criticiSe the prosecution tor the success Of
their energy in the same direction. The entire
proceeding is calculated to deprive legal
punishment of its value as a deterrent.
Criminals are quite ready to take chances
when they see how numerous those chances
are. and lawyers are not unwilling to with
hold points of defense that they may bring
verdict should in the first instance 60
against their client.
The introduction of new feature into
the criminal courts might shock the con-
servative element at the Bar and on the
Bench, though it ought not. but it would
leave no room for the excuse which lawyers
find for temporizing with the execution
of the law. 1t would certainly be more
to the prisoner. A person charged with a
criminal offense is at every disadvantage.
He may be certain that the best legal talent
will be arrayed against him, and unless pos
sessed of adequate resources he may be
alike certain that he cannot meet it with an
equal force. The courts at least accept the
theory that until verdict to the contrary is
rendered defendant is innocent. but the
utmost power is used to prove him guilty.
A feeling has grown up which reaches from
the last new policeman to the highest prose-
cutting officer that from the instant a man is
arrested every means must be used to keep
him in prison. The duty of the prosecuting
attorney, as at present conceived, is not
only to prosecute but to convict. Why,
then. should there not be an officer of like
standing whose duty it should be to defend.
and whe would be responsible for making
the defense as strong as possible and final?
Such an officer would save the country ex-
pense and trouble, and justice to the public,
as we'll as to the defendant, seems to call
for the appointment.-New York Gazette.