The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-12-10
A MISTAKE THEY MAXI.
hooker-on in Court makos some
Suggestions of Value.
WHY 50 MANY CRIMINALS ESCAPE
NOT Difficult OF Explanation from this
Point of Fow-.How Money could De
Saved for The County md n Greater
Fer cent of Convictions be Secured.

Recently in a crowd of attorneys,
newspaper men and other hangcrs.on
about tho court house, while a Jury was
out debating on their verdict in d
criminal case, one Of tho party offered
10 bet that the man wouldbc acquitted.
why? no was asked, and the reason
gwen struck everybody present as
novel: Because he is not guilty.
That was certainly u good reason, but
inc man went on to say TINT tho case
never should have got into the court.
There was evidence enough to justify
y magistrate in holding the man for
court, but not enough to warrant his
Indictment" he said.
In tho further conversation growing
out OF this introduction the same gen.
tlcman, who Is IN old timer. made some
suggestions as to how lie would carry
on,the criminal business of tho county
II ne were the prosecuting attorney.
II a man was accused OF crime, |
would examine all the testimony against
MN, and II II were not sufficient TO con-
Wet him, | would refuse 10 bring the
case to the attention OF the grand Jury.
There il not n term OF court that there
arc not more accused prisoners acouit.
ted than convicted. | say that is all
wrong. 1t is truo that u good portion
ol,those Who are acquitted arc guilty,
put under our new jury system it is not
possible to believe tina; in any consil.
cradle proportion OF these cases it is the
lury's fault that the verdict is wrong.
The trouble is that the prosecuting at.
torney m~isconceivcs his duty. do not
mean by that to criticize Mr.. Howard.
Tho last prosecutor had the anne erron.
eous idea that it was his duty to prose.
cute everybody who was accused Of
crime to q finish. The people seem also
to hold tho same view. When a pris.
oner comes into court tho states nj.
torney ought TO know pretty well
whether he is guilty or innocent. Ii he
believes him innocent l.o is doing \
grave wrong to tho public to prosecute
him."
An attorney who was present told OF
n prosecutor within his knowledge who
consistently refused TO ask an indict.
mcnt unless he was certain after 4
thorough examination OF the case that
the mar ought to be punished. At first
this was very unpopular with the
public. People who had 4 selfish inter.
est'in the prosecution OF cases where
the prosecutor ignored tho charge
accused him If NIL kinds If imnronnr
motives. Pretty soon, however, it was
noticed that when that prosecutor went
into 4 case there was almost certain to
be & verdict OF guilty and in Il little
while it got to BIO that his appearing in
court to push 4 case was regarded US
almost tantamount to a conviction. The
results were fewer trials and more con-
victions, the county was saved the time
OF the court and the expense OF prose.
cutting people to no good end, and
whether desirable or not, there was also
a sentiment in the community that
when the states attorney said u man
was guilty and ought to be punished,
the average jury believed him, and it
was strong evidence that would induce
them to change their minds and bring
in 4 verdict OF not guilty. 1t might not
be, the attorney suggested, we'll TO have
tho legal presumption reversed, and nut
the burden OF proof on the accused, but
it certainly would not be Il hardship to
anybody il there were 4 little less oil tho
impression in the minds OF the people
that it is 4 good thing 10 acquit a
prisoner ii there is any way TO do it.