The mirror. (Stillwater, Minn.) 1894-1925, 1897-11-04
Written for The Prison Mirror.
THE MONEYLESS DEFENDANT.


What appears to me to be a sad
neglect on the part of the state to
provide the necessary means for the
enforcement of the sixth and part of
the fifth amendments to the United
States constitution as regards persons
charged with felony murder and the
like not referred to- and who, whether
guilty or innocent, are without money
or friends financially able and willing
to assist them in the effort to get
justice, strikes my mind rather forci-
bly,. Such suspect generally lands first
in the city lookup. Not having the
wherewithall to procure an attorney
and become advised on the situation,
he is forsakenly left in nervous anxi-
ETY. to spend day or SO among several
lOwlived beings. Here he is inter-
viewed by the county attorney who
has with him a second party generally
some one connected with the police
department,) to be witness.
The prisoner not being proficient in
the knowledge of law, not knowing
his rights, becomes subjected to the
most severe and harassing examina
tion. The county attorney being the
prosecuting attorney in the case uses
every effort to obtain discriminating
evidence against the suspect and at
the trial has this second party put on
the stand to testify as to what the
prisoner stated before them.
Next the prisoner appears in the
municipal court. On being called be-
fore the judge and after certain for
malities, he is asked if he has an
attorney, to which he replies in the
negative. Is also asked if he is guilty
or not guilty. On replying not guilty
the charge being, felony his case is
remanded to the grand jury. From
the municipal court he is taken to the
Jail where he is obliged to await the
action of the grand jury which may
not come to his case for some time.
On his case being put before them,
should the evidence, whether actual or
circumstantial, lead them to believe
trial necessary to determine the case,
indictment will be entered If this
Indictment is entered while the district
court is in session he may have his
case called within week or two;
should it occur in July after that court
has adjourned he may have to wait
until the latter part of October, pOssi-
bly, four months ere he knows how he
stands. All this time he is confined in
Jail among and in contact with many
men of the most vicious habits, where
also the atmosphere is thick with
criminal miasma. During his conline-
ment in Jail, not being able to hire an
attorney he is without aid to become
advised in the matter, nor in situa-
tion to have his witnesses called and
the case set forth properly.
The state making an allowance of
but ten dollars for attorney where
none but third-rate attorneys take up
such cases, and then often only after
the case has been called; without a
previous interview with his client, or
any research. The pay being so small
they are generally inclined to be care
less. Sometimes such attorney visits
his client once in Jail and questions
him somewhat, and never shows up
again before the prisoner until he ap-
pears for trial.
In Jail the suspect is time and again
interviewed by the county attorney as
at the city lookup. The day for trial
of case having arrived, prisoner is
escorted to the district court, and
presently this aforesaid attorney
is appointed by the court to act as
defendants attorney. After question
ing his client somewhat on the situa-