The mirror. (Stillwater, Minn.) 1894-1925, 1897-09-23
JUSTICE WITH MERCY.

A MOST beneficial and, we might
say, humane move, has been inau-
gurated by Judge Charles Smith,
Of Superior, Wis. He has recently
appointed a committee of three
attorneys to confer with the court
in the cases of poor and friendless
criminals who plead guilty. The
object Of Judge Smith is to bring
about a more humane system Of
administering justice when the
offender shows an inclination to
reform. In explanation of the
judges action we give in part
statement made by him recently:
Il have long felt that our treatment
of culprits intermediate to their arrest
and trial is unWise and really inhu-
name when they are unable to get bail,
which is the case in most instances
where they are poor. The purpose of
punishment is by all conceded largely
to be reformation of the offender.
"Now, the golden day for his repent
ance and reformation is that following
his arrest and before trial. He is then
in a frame to be reached, brought to
repentance and confession, the only
path to reformation. If he pleads not
guilty and stands trial, he, if guilty, as
in my Judgment seven out of eight
that are brought to trial are, adds per-
jury in almost every instance to the
crime for which he is on trial, doubles
his guilt, and Of course callouses his
conscience. Nine tenths of the chance
for reformation is now gone. Time
has run, the lashings of remOrse are
less felt, and the heart is hardened by
the additional sin of perjury. But at
this point the state, if the prisoner is
sent to prison, first picks him up with
effort of his reformation, chaplain
is provided and plenty else looking
toward his moral and religious well
fare.
"Now, under our system, during the
time between the arrest and trial, the
culprit's day of grace, not only is he
neglected, but worse, he is placed,
whether old or young, tender or hard
from the ''drunk and disorderly' to the
more vicious, where the moral atmOs-
phere is thick with miasm, and every
influence is against the frame of mind
that might lead to repentance, con-
fessiOn and reform. l hope to see this
corrected in the not too distant future
with u.s."
We would like to see other of
our judges give this subject like
consideration. Very many men
who would admit their guilt are
deferred from doing SO by the &C
ton of some courts in proceeding
on the plan that an admittedly
guilty man has no right to expect
mercy. And what is still worse, it
is known that faith is sometimes
broken with the culprit after he
has been cajoled into pleading
guilty. One instance that &C.
CURED in St. Paul less than three
years ago will suffice as an exam
pie. A young fellow, then but
twenty years old, pleaded guilty to
the charge of burglary in the Sec
ond degree under the promise
from the prosecution Of reforma-
tory sentence. Instead, he was
given a fve-year sentence and is
here yet There may possibly have
been some good reason for this
change Of base on the part of the
prosecution but, if SO, it was never
made public. With the mellow
ing effects of time even the trial
Judge has admitted that the pro-
ceeding was not in strict conson-
ance with the judicial "Hoyle."
Let more of our judges follow
in the footsteps Of their Wisconsin
confrere and the result will be a
great lessening of expense to the
counties, minimum Of criminal
work for the courts, and, lastly, a
decided propensity toward the ref
ormation of the criminals bene-
fitted by the new dispensation.