The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-02-11
As to the Adjustment OF Costs.

A resident of Williamsport. Mr.. Clin-
ton Stager addresses to the Philadel
phia Press a defence of the practice of
juries in acquitting defendants but
putting the costs on them. As an illus
tration of how that may work for good
he cites the case of n man. who was
tried ION charge of obtaining a large
amount of money from bank by false
pretenses in which it was clearly
proved and not disputed, that he had
wilfully lied, but his large holdings of
property and other circumstances
seemed to preclude the idea that he in
tended to defraud the bank, or that he
could have possibly thought that it was
In his power to do SO. The jury acquit-
ted him; then came the question of
costs. There was no reason why they
should be imposed upon the county nor
upon the prosecutor. who was abun-
dainty warranted in bringing the prose-
cution. AS 1t had been made necessary
by the defendants bad conduct, the
jury very properly put the costs upon
him.
Mr.. Stager's contention that this
practice does more good than harm Is
supported by the Philadelphia Times
which says:
The law permitting Il division of costs
was enacted to halt the growth of petty
proceedings in our criminal courts and
also to protect the county from being
compelled TO pay the price of such litiga-
ton when 1t was inspired by passion or
resentment. without any just claim upon
the protection of the law. 1t has not
only hindered many entirely unwarranted
prosecutions, but where such actions
have been instituted it has enabled courts
and juries to deal justly with the parties
III was once very common In Pennsyl-
vania for cross actions to be brought for
assault and battery, and in very many
OF such cases the court and jury would
discover that there was nearly or quite
equal fault on both sides. The cases
did not warrant the criminal conviction
OF either defendant, and the result in
most cases was the acquittal of both
parties and the county had to pay the
costs. This frivolous litigation in the
criminal courts became SO general that
II was necessity to interpose some rea-
sonable obstacle TO its continuance. and
thevery best possible method was adopted
by providing that the costs could be- di-
vided on any basis between the parties,
or that the defendant could be acquitted
and yet made TO pay the entire costs
of the action. 1t would be serious mis-
take TO efface this law relating to costs
from our statutes. Ii was called into en-
istence by a great public necessity; 1t has
hindered frivolous and passionate litiga-
tion, and it has certainly served an ex.
cellent purpose. while 1t has done no
wrong to any citizen, unless in some In
stances where juries may have reached an
unjust judgment. 1t Is a wise restraint
upon the litigation and prosecutions
which result chiefly or wholly from per-
sonal resentment. and the law should he
maintained as in every way wise and
just.
Mr.. Stager suggests that If the matter
Of costs is to be readjusted. there are
details more in need of revision than
the act giving juries discretion in ver-
diets of acquittal. Says he: "Under
the present law where the grand jury
ignores bill and the costs fall, as they
must in such Il case. either upon the
prosecutor or upon the county, and in
cases of felony where the trial jury
acquts there is no provision Of law
under which the defendant can be re-
imbursed for his actual expenses i'm the
summoning of witnesses and for their
attendance in court. 1t is an outrage
that the commonwealth should have the
right to put one Of its citizens on trial
upon an unjust charge and refuse him
for the actual expenses
incurred for the witnesses i'm his de-
Tense. and the sooner it is remedied the
better. We also need law authoriz-
ing justices of the peace in case they
find criminal charge unwarranted, if
Ii be a misdemeanor. to collect their
own and the constable's costs from the
prosecutor. and in cases of felony from
the county. This would prevent the re-
turn of great many cases to court
that are probably made only because
by so doing justice and constable can
get their costs. and would put stop
to rapidly growing abuse