The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1892-12-01
Professional Law-Breakers.

Professional Breakers.
A professional law-breaker on the witness
stand in court of Justice is an interesting study
Not infrequently he is almost as good lawyer as
the one who is plying him with questions. He
has keen appreciation of the dangers that be-
set his path. and is on the alert for surprises.
When closely pressed, the felOn's plea is his re-
fuge. and to avoid putting his precious head in
danger he CURLY declines to give testimony that
might criminate himself and goes into his shell
A few months ago at Chicago an effort was
made to ascertain the bottom facts as to charges
that certain railroad companies had been guilty
of discrimination against small packers and
western towns and cities. 1t had been charged
that some of the great packers in Chicago were
receiving small fortunes in rebates and federal
grand jury undertook to explore the matter.
Manifestly it was impossible to ascertain the
facts in such case without recourse to the
books papers and written contracts of the par
ties. These could not be produced except by
calling their custodian into court. This was
done. The cuStOdianS of the books and papers
claimed immunity from testifying on the ground
that their testimony might tend to crminate
them. Following authorities and precedents
long ago established by the English and Amer
lean courts. the court Overruled the objection.
and ordered the witness to testify to the facts
the ground of such decision being that inasmuch
as testimony there given could not be used after
wards in any proceeding against the parties. and
could not be divulged by the grand jurors with
out the violation of their Oaths, the case did not
come within the shield of the constitutional
provision eXcusing witnesses from testifyng to
matters tending to criminate them
At a time when the worlds law-breakerS were
mostly burglars, thieves. pckpOcketS and the
like, this reasoning was held to be sound: but
when a case arose in which the agent of IA cor
pOratiOn. was charged with having in open def
ance of the laws of the nation and state entered
into conspiracy against the rights of citizen,
the supreme court of the United States, by some
kind of har-splitting. Overruled the former tlec-
siOns. and thus the guilty parties went unwhp-
ped of justice. This stage of the proceedings
was not reached. however. before it had been
definitely proven that the parties were guilty
1t was proven that in one year one firm of pack
ers had received rebates amounting to a small
fortune. and there is not the shadow of doubt
that had the law. as formerly understood. been
allowed to take its course. half dozen million
aires would have been pushed dangerously near
the penitentiary.
A day or two ago one of the cases came up for
trial before a jury. Early in the proceedings the
defendants counsel requested the court to in
struct witness who was on the stand "aS to
his legal and constitutional rights" His honor
promptly said: THE witness need not answer
questions which might tend to eliminate him
self" AS.the witnesses. one after another took
the stand. the Judge gave these law-breakers
the benefit of advice which he had often given
to low-browed. big-jawed ruffans. on trial for
larceny. burglary and kindred crimes: The
witness is not compelled to give testimony
which might incrimnate HIMSELF
The farce over. the court instructed the Jury to
return verdict of mot guilty. which was done
A large number of cases now pending will be
disposed of in the same way.
These genteel criminals take to the ways of the
laweSs classes as naturally as young duck takes
to water.
A similar case is now being Investigated before
the grand jury in Omaha. 1t is charged that the
Missouri Pacific railway and some of the great
packing concerns have been guilty of the same
Offense charged against the railroads and pack
ers at Chicago. The telegram reporting the pro-
greSs of the inquiry states that it has been dis
covered that the Missouri Pacific has made eff
forts to ntimidate several witnesses who have
knowledge of that roads determinations. Here
again. is an Offense for which the penalty de-
nounced against ordinary law-breakers is very
severe. To intimidate witness is crime under
the statute. and fragrant contempt of court. Will
the well-fed gentlemen who have been guilty of
this Offense be made to smart for it: Probably
not. The history of the case will be carefully
written and the failure of justice will be pointed
out as an evidence that the interstate commerce
law is a failure. Newspapers of good repute will
base demands for the repeal of the law upon the