Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1890-07-22
PRICE FIVE CENTS.

know nothing whatever Of the offense
aud are absolutel ly worthless as wit
nesses, but heretofore the law has AL
lowed the accused this previlegp, and
We have no knowledge of q case
wherein it was not used TO it's utmo,e 4
limit. Judge Milburn stated in the
meeting above referred to that be be.
lieved that sl25, 900 Of Custer county's
$500, ,000of Indebtedness was trsceabls
directly to this leak. Less than year
ago Deer Lodge county prosecuted a
criminal for some minor offense ut a
cost OF $1,000, aud the accused had ex-
ercised this perDicious privilege to the
extent Of citing over one hundred vit.
ne-ses to prove his genaral good char.
acter-noIhing more. This spring
Park county prosecuted some parties
for the unlawful killing of cattle. The
trial wound up with the Scotch ver.
dict Of mot proven" but the county
was saddled with charge Of some
5000 for endeavoring to ascertain the
truth Of the charge that the accused
allied $40 COW uD',wfully.
The very fact that it was possible
und, the law for criminal TO impose
such enormous exper Sc on the people
In their endeavor TO er force the law
was rapidly operating to create feel
ing in the various communities that it
were better not to prosecute than to do
SO at such fearful expense. Happily,
however, (and We understand it To
have been done at the suggestion Of
Judge Milburn) the district Judges
have taken the matter In hand and
adopted rule that in any Case requir-
ing the attendance OF witnesses,
neither the prosecution or the de-
Tense can Peremptorily require the at
tendance of more than six witnesses.
Should more be necessary they should
be promised upon making statement
Of the urgency o. the case before the
judge, who will exercise his judgment
In the issuance Of the subpoena. This
method will interpose very mate rial
check on the system hitherto in vogue
and save TO each of the C ,unties In the
state many thousands Of dollars yearly.
1t is without doubt one of the most
effective ahd beneficial reforms ever
ipaugurated, and will meet the un.
qualified approval Of the press and the
people everywhere. The Helena Jour
nal, commenting upon It, says:
The recent meeting of the judges Of
the eight districts OF Montana, OF Q
M majority Of them, means more than
would appear from . cursory glance as
he objects Of the assembly, 1t was
fret, To formulate plan Of adjudicat-
ing criminal matters In manner to
lessen the burden upon the tax payers.
the prosecution Of Montana criminals
has been most expensive luxury and
Ii 10 safe to say that the average cost Of
convictions has been greater here than
in any other state In the union. The
eight district judges OF Montana be-
lieve that by the general Use through
out the state of u e.teT code of rules
of practice" the county tressuf fies may
be relieved of portion OF the strain
which has heretofore eft them derlet.
ed at the conclusion of the criminal
trial docket. Cases are cited where
the prosecution Of cattle thieves and
Others charged with larceny have cost
as high as eight thousand each. Tois
exorbitant price for justice has been
caused solely by = lsxity Of the rules
Of practice.
In this endesvor 10 reduce the cost
of the prosecution of criminals the
judges deserve the most hearty sup.
port OF the legal fraternity. The law.
yers OF Montana do not desire that
righteous convictions should be bur-
den. for the expensive administration
of law 10 damaging to one of the
mobiles. professions, and we believe
thot efforts Of the district judges to re-
duce the cost Of criminal prosecution
and the burden OF taxation, wills a.
sure to them the lasting gratitude of
the people they represent. II In o re-
form which has been too long delayed.