Morning journal and courier., 1894-02-10
THE NoLLE POWER DISCUSSED.

tomary Way is DickeTfng and Bar- gaining For Justice.
 The hearing on the petition presented to the court of common pleas by the Law and Order league, was heard yesterday after noon before Judge Studley and Judge Hotchkiss. There were large number of spectators present among whom were sev- ersl of the clergymen and the members of | the Law and Order league.
 Attorney John W. Aliing was tho first | speaker. He said: "The practice that now l prevails in this court has become SO preva- | lent that more business Is disposed of by l nolles than by trials. The nolle has become | the standard of the court. It Is this over l whelming power that we protest against. It should be restricted to just bounds by the judges of this court. The nolle power | Judge Studley here suggested that it was matter for the legislature rather than these courts. Attorney Alling answered that 6 rule for the court was matter for the court itself to decide.
 Judge Study said st this point that he wanted to instruct those who were present on what was not generally known, that ne had himself instructed the prosecuting at torney ss to the use of the nolle power and directed him to use 1t to the best of his dis cretion.
 Attorney Charles H. Fowler was the next speaker. He said:'I believe that New haven Is 8 pretty good city and am not going to sit here and hear 1t befouled. l believe that the custom that has grown up represents the sentiment of the community at large. You take boy we'll brought up, trained in the chu,ch and Sunday school. He commits some wrong and is arrested. It is his first offense, however, and he goes before the attorney and he is let go on Q payment of fine and costs and saved the public disgrace and in this manner society is often saved a good citizen. And yet these people gay that such cas-: g should be made public. Good heavens! Is there not enough nastiness abroad now in the world7 If any of it could be covered up, is it not for tue benefit of the community that 1t should be buried out of siahta Such thipgs only act as advertisements for the evil doers. It is money in their pockets even after they have paid their fines and costs.
 "1f we could build city and place @ fence around 1t and whitewssh 1t, and only put good people in 1t, what delightful city it would be to live in. But l hold that we have to live in the world as 1t is and take men and women as we find them This court has no power to to change the power and custom of nolle, and do not think 1t would do 1t if it could. This power was established according to a su- preme court finding, Sixtieth Connecticut, page 429, and it would be impossible for common pleas court to alter it."
 Judge Rufus s Pickett was the next fgT much interested always in the criminal the state of affairs in the city court pre- vious to the establishment of this court. We had to nolle large number of cases every year because there was no opportu- nifty to try them. Therefore this court was established to fill the crying need. ''Now, say that when 8 case is tried in the city court and 8 sentence is fixed and an appeal is made, and the case is nolled on payment of the fine, costs and expense of appeal. in that case say the judgment | of the city court is restored. And if 1t be l the case of violation of the liquor law, the county commissioners have the power | to revoke his license in just the same man. ner ss though no appeal had besn made.
 II also hold that an attorney should neither receive one cent more than the law imposes, neither should he on the other hand receive one csnt less. I do not think that the power of this court to make rules to govern this matter eau be questioned"
 Lawyer o. s. Hamilton was the next speaker. He esid: ''It came to such pass once in the state of Connecticut that pub lie executions became obnoxious. A hero \ was made of the man who had taken an others life. So executions were made private in ths jail yard. For the same | reason the dime novel is pernicious to our youth. They make crime public. Thus, I think, 1t is much better to keep it cover ed up. Now, can't see why these peti tioners have come here to day, unless they come under the mistaken idea that courts were to enforce moral obligation That day has long gone by, as we can see by looking back at the iDauisition of the mid dle ages and the star chamber of Charles I.
 What oath do you as judge tske2 Is it not
 to administer justice according to the laws of the state of Connecticut It does not reform 8 man to send him to
 prison. All that is accomplished by i'm
 prisonment is punishment and prevention
 of crime in others by example. Thus if a good many of the cases can be nolled and
 the men saved from the state prison,
 think it Is a good thing"
 Attorney J. P. Goodnart then made a speech against the petition and upholding the nolle power.
 Judge Munger of Ansonia then began his argument in which he eaid: "Why are we all here to day if this power has been doing all it should in legislation. Because it has become customary does not make it right. Oar legislature is constantly chang ! ing the laws in order to strengthen them l and make them better to meet the ends of justice. So we think it is entirely proper l to urge that this law be reformed if need be and at least carried in the best manner possible.
 "It is becoming common talk of the peo. pie that 8 man can be tried and found court and have the case nolled. It Is on this ground that we stand, and 1t is this function that we claim is abused"
 s. P. Thrssher of the Law and Order league then entered 8 vigorous protest against the way in which the nolle power has been used, not attacking MT. Gum in in any way but lamenting the custom which had become prevalent in the state.
 He was followed by Dr. Newman Smyth. who spoke in the main as follows: "I have heard 1t rumored that this law is . justice. Now upon what principle of la v and upon what principle of justice does this law stands It seems to me to bs com pounding justice for sums of money.
 eff it was known that justice was bar tered or bargafned, your honors would be the first to avoid even the appearance of evil. A man who goes to & court and gets a case nolled in this way seems to me to enter into dicker with the state of Con- necticut. So, however legitimate or cus- tomary that practice may be, justice as- sumes the sordid aspect of business tran saction.
 "We came here because we had respect and confidence in your honors, who should be the first to fnd the remedy for this evil, so that justice may not have the appsarance of being on sale in the state of Connecti- cut. If you find it is beyond your power to formulate rule of practice (snd I have no doubt MT. Gum would be gisd if you would) we should be pleased to see you carry it to the higher courts, as think it would be appropriate for you to do
 "I have seen the lawyers who are engaged continually in defending criminals con- gregate here to-day in large numbers and defend this power. For this reason l think am justified in my suspicion.
 We allow to surgeon Gf may be pardoned for the comparisop) a certain license by which he ia allowed to take the life of the child to save that of the mother. But if he abuses that discretion which is given to him by common consent he ie punished. In like manner the custom of compromising justice in this state by . sum of money is coming to be considered as an abortion of justice and should be done away with"
 Senator F. Fl. Holden of Ansonia then | made 6 speech against the efforts of the