Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-01-28
ehouid the State Abuse It's Witnesses?
Editors of the Kennebee Journal:

Among the matters Of importance to the
people which may or ought to be consid-
cred by the Legislature, it seems to me that
the matter of fees of witnesses in criminal
cases before magistrates demands consider-
alton. The practical operation Of the law
IS il now stands works ipjustice and hard
ship in many cases. A witness must obey
a summons on hi, peril of punishment for
contempt, or Con iudictmen,) a fine of one
hundred dollars or imprisonment less than
one year. Many persons who are summoned
as witnesses are not so fortunate rs to have
sufficient ready cash with which to defrav
their expenses in reaching the place of
trial and subsistence whilst in attendance
II the case ''eoes up" their fees are net
paid until after the session Of the higher
court If the respondent be acquitted, or
does not pay his fine and costs, their fees
are not paid until the county commissioners
psss upon the bill Of costs ~ certified to
them By the maRistrate--in either case in
volving delay Of. perhaps, months.
Now what is the poor witness to do?
The State forces him from his home and
from his business, at the tune Of 80 cents
per day and elk cents mile for travel, and
virtually says, "You may crawl, walk or
ride; beg, borrow or starve; but your ser
vices will have. and the pittance see a..
to grant you will get, and that at such time
a. suits my convenience. For yours, !
have no concern.
The relief contemplated is this. Let it
be provided by amendment of the statutes,
that the county treasurer shall pay the fees
of witnesses in The cases specified on the
certificate Of tie magistrate before whom
the bearing is had. Then the witness will
be able TO pay his hotel expenses, and not
be under the painful necessity of soliciting
the magistrate or officer to advance on the
strength Of his fees to be paid months 10
the future, instances of which have many
times come to the knowledge Of the writer.
And what possible objection can be raised
to ouch 3 course? Neither the county com
missioGers nor the court above can have
any knowledge of the fees of witnesses in
hearings and trials in courts below, excep.
as they are certified by the magistrate.
And if such certificate be valid before the
county commissioners and the high court.
it would seem that it ought to be sufficient
TO draw the fees from the county treasury.
The certificate should state tie case in
which the witness testified, his travel and
attendance and the amount of his fees;
which Che county treasurer might enter in
book kept for the purpose, the witness
receip!ing in the book sgainst his name, as
is the practice at the present time.
IL will be seen that the seeming consis
fancy Of allowing witness but fifty cents
a day in the lower court, while he is allowed
three times that amount in the high court,
has not been considered. But it il earnestly
submitted thst the pittance whichi, allowed
him, should be put iato lis hand whilst the
necessity for its use, which the State has
created, is bearing mos. heavily upon the
~itness, il he be of the class under con-
sidera,ior.