Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-11-30

have no earthly show to collect anything.
You and other law-abiding citizens may
not be aware of this defect in the ma
ehinery of the courts, but the average
criminal wiiuess-I mean witness in
criminal rases-is long since vel! up on
this matter, and governs himself accord
lngty % convenience or persuasion or
friendship may dictate.
THE man, too, who is accustomed to
figure as defendant on the criminal
docket is also well up TO this, and if he
is so disposed he can inform witnesses
against him who may not know, that
they will not be hurt If not present aud
thus secure post ponement OF the case.
Besides delaying the courts by this
means there is Otter a great injustice
done 10 business men. For Instance.
there may be dozen witnesses in the
criminal case. Perhaps ten of them are
good industrious business men in the
city, or perhaps ten of them are good
industrious farmers in the country with
their work pressing them. And per-
haps the other two witnesses have no
business and have no property, and
know they car treat tho process OF the
court, under the law as II now stands,
with contempt with perfect impunlty.
Then these ten business men of city or
country who know they must. and who
desire TO obey tbs process Of the court,
have 10 come time and again to court
because the case is put of to get the
other two to attend.
'A1other hardship that this works is
this: if the defendant be acquitted
these witnesses who have attended from
day to day get nothing for ail the time
they have lost i'll attending court. If
the defendant be convicted these wit
nesses are entitled TO fees for the entire
time they attended, and in this manner
a bill of costs is taxed against the de-
PENDANT much lrager than would have
been II the two defaultiLg witnesses had
attended the trial at the tirst.
1.-THE law in this respect ought to be
amended.
'.Then, take the question of securing
attendance of witnesses in civil cases and
the matter stands about this way: A
party Is required TO summons his wit
nesses for the first term of the court, but
ia not obliged 10 tender his fees until
after he has disobeyed the summons at
said term. The witness is not subject TO
any penalty nor TO attachment for not
obeying ut that term unless his fees are
paid or rendered to him. 1t amounts TO
saying TO the witness that he need not
attend nor pay any respect to the writ OF
the court that has been served on him
unless the party who wants hun as q
witness will tender his fees before court.
And at the sams time ii says TO the
party tina: he need not pay nor offer TO
pay the witness his fees before the first
term of court and that he, the purity,
I'm hula NO cd
tinuance II the witness be not present.
This, you see. makes the writ OF the
cour: mere nullity in so fur as relates
TO the question of obligation of the per-
son to obey ii is concerned.
"At the second and subsequent terms
of the court it is true that the continu-
auce is somewhat less easily obtained,
but the obligation of the witness to obey
the writ is still about the sans.
'Geu. John ID. Templeton recently
mentioned plan 10 me that would
obviute this difficulty III regard to Sc
curing attendance of witnesses In civil
cases. Briefly stated II was about this:
To allow not only every officer, but also
each witness, the right to rule the party,
whether plaintiff or defendant, who has
him summoned 10 give bond for costs;
and then require the witness TO attend
without his fees and rely on the cost
bond for their payment. or course the
taxing OF the costs on the final deter
minaiiou of the SUIT as between the
plaintiff and the defsndent would not be
changed. But the only effect of the
plan he spoke of would be 10 make each
party primarily liable and responsible
tor the fees of his witnesses aud to make
the duty of the witness TO obey the writ
unconditional.
1.-The two matters l have mentioned,
if remedied, as | hope they will be, bv
our next Legislature, would prevent mucn
of the delay Of the courts aud injustice to
the parties aud the public by reason of
the DELAY.
.'lt is to be hoped that the Judiciary
committees of our next legislature will
have some good lawyers, who have re-
Gently been in extensive active practice,
and have had occasion to observe and
note the hindrances to the expeditions
dispatch of business.