The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1890-03-27
ABSOLUTELY THE BEST,
The BrittOn Case Hangs Fire,

Ahc case Ol the Stato OF OnlO vs.. Mar.
ion Britton was called last Monday FORE
noon, with Judge Pugh, of Columbus,
on the bench. A motion to withdraw
the issue on the plea of insanity had been
presented to Judge Higgins on the pre-
vious Saturday and the trial now to be
had on the original indictment came be.
fore Judge Pugh for hearing, and was con.
tested with ability by Major Blackburn,
OF Cincinnati, who is now the leading
counsel for defense, and Mr.. Sloane for
the prosecution. 1t may be considered
out of the realm Of writers for news.
papers to venture an opinion of kind,
involving law, particularly might this
raise question of doubt when the
writer had never studied law, but we
have learned years ago that while the
object of law and the maintenance of
the courts in the land are in the
interest of justice, yet strict justice
is not always result of the enactments
OF law, nor of the application of those
laws by the courts. In reference to the
motion before the court, Judge Pugh
held that the defendant had the right
to withdraw the trial on the issue OF in.
sanity, so that the trial will be had
when it is had-on the indictment of
the grand jury for murder in the first
degree. But in regard to the withdraw.
al of the plea of insanity and the presen.
tation OF it in the first place,.is proceed.
ure that anything short of legal mind
will scarcely grasp. And it may be
safely said that much of the procedure
OF our courts is not governed by fair
business principle, nor is common sense
considered in the procedures while it
may be law. AS to this Britton case the
NEWS HERALD has studiously avoided
saying word that would indicate any
bias in the case; much less would we
now say word on the merits of the
case as to Britton's guilt or otherwise,
neither would we say word as to the
honesty of the counsel for the defense.
But two or more words may be said in
the interests of the people of the county
and in condemnation of the practice of
our courts. How will it read? No
longer ago than the February term of
court this same issue which was with.
drawn on last Monday by consent OF the
court was presented. Presented in good
faith we will say and withdrawn in
equally good faith, while the county in
as good faith through its officials had
thirty.six men summoned to try the
case as jurors on the 10th of February
on the issue which was again establish
ed on last Monday-and paid them $72,
while on the oath day of March, sixteen
men as jurors were in court to try the
case on the insanity issue. These men
were also paid and discharged and the
case left just where it was when new
trial was granted last fall. Now the
question may be asked without preju-
dice to any party, What is the duty of
the people of the county through its
courts to Marion Britton or any other
criminal? Nothing more than that he
should have a fair and impartial, and
it might be said in the interest of the
whole people and OF prisoners often
wrongfully held, also speedy trial.
It needs no discussion to show that
the methods adopted and which largely
prevail in our courts, particularly in the
bringing of criminals to justice, has been
anything but speedy. The adage, that
large bodies move slowly, may be truth
fully applied to the courts of justice as
they are managed in these days, al
though not q very large body, courts oi
justice move very sloacly. No reflection
is cast on Judge Pugh in sustaining the
motion to withdraw the issue of insanity
nor on Judge Higgins in first granting
it, but who but lawyer can see the
common sense of pleading one condition
of things as OF vital interest to the &C.
cused at one time, while inside of fifty
days they plead exactly opposite and
this also in the interest OF the accused
while the outside world also largely IN
terested in the accused are unable to see
any perceptible change in the condition
of things. It is this dallying with JUS.
tice that SO often calls out the indigna-
tion of some community, and severe
measures are resorted to just on account
of this dallying, unsatisfactory condi-
ton OF our courts. Now the people OF
hecounty has no disposition to prosecute
Marion Britton, but in justice to the
best interest of the law.abiding citizens
II he is guilty he should be tried and
punished. The people have intrusted
this matter TO the courts, and the ques
ton is pertinent one--Are our courts
accomplishing the ends for which they
we're institu(Sd? ss