The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1892-06-16

apon the record OF the prelininsxy
n Il
Ii this law could be carried into
effect it would relieve the citizen, ex-
sept in those instances when gem
sral investigation Of public affairs or
other extraordinary circumstances re-
quired different course, of the un-
pleasant and onerous duties of
grand Juror, and effect no small saw
ing in the administration of criminal
justice. ~
To avail ourselves, however, of this
statute, it Is absolutely necessary thG-
the proceedings before the committing
magistrate should be In all substan-
tial particulars in compliance with
the law, since, il defective, there ex
lists no remedy outside of d grand
jury.
During the past year the records Of
preliminary examinations throughout
the district have, in important in
stances, and more especially ansssg
the Justices living remote from large
towns, been of such a character as
not to be available for the purposes
of the statute. s
This Is not intended rs any unkind
criticism OF that highly important
body OF ofiicers-the justices Of the
county and district-many Of whom
are painstaking and efficient, but
when you reflect that the failure Of
one means the failure of all, you will
at once perceive the necessity Of
uniform standard Of excellence.
Intimately connected with this sub
ject is the too frequent misuse of the
writ of habeas corpus, which, al
though really only intended to relieve
the citizen from unlawful confinement,
is applied to instances where the re-
straint is illegal simply because 1t is
not in conformity with law.
The Judge who refuses to order the
issuance Of this writ when properly
applied for, is subject to penalty of
IS, 900, and hence he has no discre-
ton in the premises, although con-
scious that it will only lead 70 the
examination of cases wherein the JUS
tice has mistaken his jurisdiction, or
where the complaint fails to charge
an offense, or where the proceedings
are fatally variant from the course
prescribed by statute, or the commit
mcnt nullity.
Owing to an exasperating defect in
the statutes, there are only limited
number Of instances wherein there
; can be a re-examinatioh Of the facts,
and even these opportunities are for
the most part defeated by ressAon Of
the absence Of the prosecuting officer,
:, who, under our deploraHy ineffective
+ system, cannot be present to marshal
9 the evidence. :"
n Under existing conditions the bur
9 den falls on the justice. 1t is, there
's fore, of the first Importance that he
6 should so familiarize himself witt
u his duties as to prevent the repetition
e of the unseemly and demoralizint
l. spectacle of the discharge unde
habeas corpus Of person suspected
Is of the commission of crime.
'e The statute OF this state ha
relieved the individual grand juro
IL from the embarrassment he labore'
y under, when the finding Of an in
y, dictment was mere matter o
I'D personal discretion, which in practic
s. often meant that his action was cor
u trolled by anything froh mil
" suspicion to positive proof
or 1t now furnishes him with what
ed as near an approach to standard .
ne the nature of things will admit OF
when it enioins him only to vote &c
mt an indictment when all the evident
|
IN before him, taken together, if une,
IN plainel or uncontradicted, would,
&c his Judgment, warrant conviction b
" trial jury. ~.
es To avoid an erroneous conclusion
it is only necessary to examine eac
ng case exhaustively by bringing IN a
I'D obtainable evidence, whether again'
n or for the suspected person, and
by the conclusion of. the investigate
he to ask yourselves. whether
an sitting on trial jury you wou
convict, in view OF the rule tn
elf every person is presumed to- be- i
es, nocent until legally pronounc'
ng guilty; that the burden of establishi
M every eliminating fact is on u
CT government, and that guilt must.
proven to moral certainty and b