The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-06-10
..THE INJURED PARTY. ,,

81 am the injured one. and / do not
want any publicity" was the exclama-
ton of Mrs. Emmett. the actress, whose
husband shot her in San Francisco on
Saturday. It is added that the wife will
refuse to appear against the husband, and
therefore the case of assault to kill will
be dropped. The two are stage people,
and are prominent in theatrical circles.
The words we have quoted are alto
gether too frequently used and their pro-
test conceded by officers of the law.
When man attempts to murder his
wife. or anyone else, he offends not 80
much against her, SO far as the law is CON-
cerned, as against the dignity and peace
of the people'of the State.
The people in their aggregated political
capacity prosecute. not the individual.
The law does not commit to anyone but
its especially appointed officers the power
to say when an offender shall not be
prosecuted. 1t is not the right of anyone
to use the processes of the law to accom-
plish his private ends. Yet it is done
daily. Men and women are arrested,
and when brought up for magisterial ex-
animation they are very frequently set
free, simply because the injured party"
refuses to appear and prosecute, or ex-
presses the desire that he offender be not
punished. In almost every such case
there is a wrong done to the people, since
the State is ''the injured party" and be-
cause this custom Of according to the
wish OF the prosecuting witness enables
him or her to use the law as a means Of
accomplishing private and usually
ignoble ends.
There are now and then cases in which
it is in the interest of "the people, that
rarely of the class in which prosecuting
witnesses peremptorily refuse to appear.
The courts are to blame, notably the
minor courts, for the laxity in this mat
ter of failure to prosecute. For every
magistrate is by virtue Of his Office an in
quisitor. He has the power to compel
parties having knowledge of the COM
mission of a crime to appear before him
and disclose that knowledge. and the
magistrate may then direct a warrant to
issue, or an examination to proceed, the
necessary complaint being made by the
order of the court by one of it's officers.
Not long ago in this city in case
typical of many-where crime was
committed, there was no prosecution be-
cause the chief witness, "the injured
party" so-called, refused to prosecute"
What was the matter with the people?
They did not refuse to prosecute; the
peoples attorney did not announce to the
court that in his opinion no conviction
could be had. The court had no informa-
ton concerning the case. Nevertheless
single individual was permitted to say
arbitrarily that the law should not be in
fOkeu dkaluSb Ill Oll6uQeEs
1t seems to have dropped out of the
memory of good many lawyers that
our courts have power-and it is wisely
SO lodged-to compel anyone to appear
and make disclosure OF his or her know
ledge regarding a crime, in order that the
court may direct the arrest and prosecu-
ton OF the offender. Of course where
such disclosure is made under the duress
of the courts order, any statements
given cannot be used On trial against the
party making them.
There is so much of this refusal to pros
ecute; failure to arrest because no one
will swear to complaint; so much of
escape by criminals because of the fix
witnesses and offenders, that it has come
to be common belief that if one so wishes
he may refuse to prosecute an offender
who has made him his victim, and that
that is the end of the matter.
Crime would be less prominent, there
would be fewer trivial omplaints, less
using of the law to accomplish private
discipline and revenges; there would be
fewer crimes if the courts would assert
the power they have and inquire into all
the cases in which "the injured party de-
clines to prosecute" as the phrase runs.
Let 1t be understood that when crime
is committed and the fact is VIGOROUSLY
public, the committing magistrates of
this city will cite before them people who
are believed to know of the crime and
the criminal, and make inquisition into
the facts to ascertain if there is sufficient
to be learned to justify an order of arrest,
and our word for it there will be consid-
erabiy fewer cases before the courts in
which prosecution will be abandoned
"by request or by the defiance of the
injured party"
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