The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-01-03
DISTRICT COURT GOSSIP.

The Law Regarding tho -ausnn0nsRG Of
Witnesses shoaId be Changes.
special Correspondence of the STANDARD.
DEER LODGE, Jan. 2.-The costs tn the
county I'm the Dools y -Milruy murder case
by close figuring have been estimated to be
over 81 1000. The remarks i'm the STAND
ARD a few days ago concerning the need
less suInmoninR of witnesses i'm this case
created considerable discussion as to the
d~esirability of n law governing the sub
ject. The constitution simply provides
that the defendant shall have compulsory
process for his witnesses, and under the
law as il now stands he can subpoena as
many persons as he plcases without let or
hindrance. and whether they know any
thing about the case or not. A defendant
present at the trial. and i'm order that they
may have their way paid has them sub
,"rcnaed as Witnesses, and the county
case, a whole regiment OF witnesses is
su ppoe, a.d tn testify to one point,
character for instance, when two
would he all that is necessary. OF course
i'm "a case Involving life and death attor-
neys do rot take chances and do not
the law should he liberal tn ~ defendant
thus situated; but at the same time the
law should he so framed that clear and
positive abuses can be prevented. Sup
pose we had "a law upon our statute books
giving the court some power To- regulate
this matter, 80 framed that the defendant
could still have all the testimony neces-
sary i'm his defense. what would he the re-
fnr instance m = Sase ii The en so. Hnc would s%st i sny sa sS:
attorneys for the defendant, ''you are
naming nifty or sixty witnesses ON the
ten or twelve will do, gentlemen" DIR,
what is n more palpable abuse, the de-
,s snI"n a,v. at =, the b=eSinninT Of the
twenty witnesses from the town of
Deer Lodge, living under the very eyes
ject of character. The court could say that
these witnesses are convenient and can
be called at any time. please wait till you
ance or court at an expense Of s. per
day" II actually happened in the case
just tried that n large numbcro OF Witnesses
were subpUenaed from Deer Lodge at the
beginning of the case, remained mt their
usual place of business in town, some
not, and yet each drew from SO to- $50
from the county and some more than that
sum. IL is useless to- say that any rights
of any defendant are involved in such a
practice as this. IL is an abuse of the
law and nothing but an abuse. 1t is not
the intention to criticise the conduct OF
the case inst tried, nor the attorneys, who
are all gentlemen. But il il the de Sire to
call public attention to- u practice which
Judge Durfee remarked to your cores
pondcnt this morning that the matter
ought to- be kept before the public until a
remedy is obtained. The county commits
sioners are doing all they possibly can to
economize i'm the public expenditures, but
what consolation have they when all they
have saved is thonghtlessly, ncedlessly
and rccklessly swept away by a practice
in criminal cases over which they nor the
court have no control?
All the machinery and hosting works
AIT the Ohio mine i'm Gro Elmo district were
destroyed by fire yesterday.
The improvements in Deer Lodge for
the past year amount to over $4,000,
mostly i'm substantial private dwellings.
The Jury i'm the district court was ex-
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