Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1890-01-02
COURT IN THE COUNTRY.
A Rural Magistrate Elaborataly Defines
Reasonable Doubt

How a Co-Ltry JrSgce Got Out Of Bad
Fix-Wlile tho Picture May Be Somewhat
0verdrawn 1t Points Out an Existing
Evil.
The rulings OF those peculiar insti-
tutions for the enforcement OF the law,
known as 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 a quantity Of justice on
tap, and the litigant can have 1t 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
TIE magistrate in the country is that OF
tho preliminary proceedings held in a
case OF a man who was arrested. The
evidence showed the prisoner was APP
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 II
charge OF attempted burglarly 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 judge of long experience.
He said in delivering his opinion:
''In my long experience as very
humble twig OF the great forest of the
legal fraternity l have never had a
case that involves so many abstruse
propositions physical and architect
uraD 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. l know it has no strictly
material relevancy, so the court OF his
own volition will rule it out) The
prisoner may be guilty beyond a
reasonable doubt and again he may
not. In defining reasonable doubt /
do not take it that the law requires Il
doubt so stuffed with reason that it
can't walk $50 to speak) and has
abdominal pains and seems surfeited
with sense. Neither do | think it
doubt that wouldn't know reason il the
latter came down the street in winter
time wearing a duster and straw hat
and carrying a tin valise. Not at all.
The court in defining a reasonable
doubt, will say that the correct detini-
ton is a 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 it is
considered draw. Applying this rule
10 the prisoner, I'll be hanged il know
what to do. l 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 II ready-made
suit Of clothes for people of various
sizes. 1t may be loose in the seat ESQ
TO 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 the last
ruling OF the Supreme court OF our
sister country of Mexico during the
reign of Santa Anna (ztaccihuatl VS..
Popocatepetl, p. 10 M. X. 220). The
case | need hardly recite at this time,
for the time OF this court is pressing,
and dinner is almost ready. l 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 he
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"