The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-27

used, state what It was, whether a re-
vOlver. dirk-knife. etc.
Bail-Committing magistrates can
not take bail in the following cases:
Murder, manslaughter, arson, rape.
mayhem. sodomy. buggery. robbery
and burglary. In all other cases they
may take recognizance for defendants
appearance at the next term OF court.
When defendant has been committed
to the county Jail in default of BAIL
the proper practice is to have bail en-
tered before one of the judges This is
the practice that l recommend, for 1t
gives the judge. as well as myself. an
opportunity to examine into the sutfi-
cheney of the bail. The old practice of
entering recogniZance before a magis-
trate after defendant has been commit
ted to the county Jail. and filing 1t with
the clerk of the courts. has been super
seeded by the modern and better prac-
tice of entering bail before one of the
Judges. Straw bail can then be. to
some extent. prevented.
About Filing Transcripts.
Filing Transcripts-The act approved
June II. A. ID. 1886 OP. l.. 1lO). provides
that transcripts In felony cases shall
be filed with the clerk of the courts
within five days after the binding over
or cOmmittal of defendant, and the
penalty for a violation OF this act Is
made a emeanor-in-oftice. and q
fine not exceeding three hundred dol
lars and costs may be imposed. Tran
scripts In all other cases may be filed
in the clerk of the courts office. at
least ten days before the cOnvening of
the grand jury. ! shall henceforth in
sist upon strict compliance of this
law. and for a wilful violation thereof.
enforce the penalty. 1t has frequently
happened that defendants committed
to the county Jail have suffered great
injustice by the withholding of tram
scripts until after the grand jury had
adjourned. They must then walt until
the convening of another grand jury
before they can have their cases passed
upon. Prosecutors. as well as defend
ants. are entitled to a speedy trial.
Settling CaSes--lt Is against the
policy of the law and against the in
terests of the community to settle fell
onies or infamous crimes. and offenses
charged with the intent to commit a
felony. But the law does permit the
compromise of an ofIense, though made
the subject of a criminal prosecution,
for which the injured party might re-
cover In an action, but II the offense
be OF a public nature, no agreement can
ne Nallu tUat Is lDuuutu tlt Cpu-
sderation of sitting the prosecution
of It, The compromising Of crimes which
effect the general public. not allowed by
law to be settled. shall be prosecuted
In every case reported to me. II, after
an investigation. should find the cases
to have been compromised.
As 10 Subpocnning Witnesses.
Criminal Cases Before Grand Jury
pI hn inf
tors and your constables in all cases
before you, that. In ordinary criminal
| cases, II Is not necessary to subpoena
7 a large number of witnesses before the
grand jury. Two or three of the most
| material witnesses, generally the eye
witnesses, are sufficient. To subpoena
| many others who know little or moth
| ing about the cases, needlessly IN
creases the costs thousands of dollars
yearly to the county. In all criminal
| cases, whether to come before the
| grand jury or the court, you will please
advise prosecutors or the constables
employed by them, to confer with me
| Tor their private counsel, II such be
retained), and I will inform them what
witnesses are material and necessary
to be subpoenaed. This will prevent
the attendance of a large number Of
unnecessary witnesses, and be the
means of saving large amount OF
| costs to the county and litigants.
If the aldermen and justices Of the
peace of this county will cut out the
| foregoing suggestions, paste them In
their Binn's Justice or Purdon's Digest
and follow them in their practice, l
shall be under great obligations to
them. All indictments can then be pre-
pared In advance of grand jury week.
Prosecutors and their witnesses can
then be promptly heard, with no more
delay than the time necessarily occu-
| pied in hearing the evidence and pass
! ing upon each case by the grand in
quest. John r. Jones,
District Attorney.
District Attorneys Office.
Sent o6 1895