The Saint Paul globe., 1897-11-06
AFRAID OF THE FACTS.

The first move made by the parties
NEST affected by recent disclosures
concerning the management of the
state prison at Saltwater is signit1-
cant one Mr.. Nethaway announced
to the investigating committee at its
first session that he appeared as coun-
sci for Deputy Warden Lemon, and
made certain inquiries and suggestions.
The employment of an attorney in
such a case as this is a distinct con-
fession of fear of the facts and an
attempt to take an unfair advantage
of those whose grievances have at last
found their way to the public ear.
1t appears to us that it was wholly un-
necessary, not to say even improper,
TO drag lawyers into this matter at all.
1t is certainly contrary to precedent.
The committee is not court. 1t is not
a judicial body that can assign penal
ties. 1t cannot punish any one, no mat
ter what its findings may be. There
fore. the principle that a man who is
CONNAt
sci does not apply, because the accused,
are not, in the legal sense of the word,
on trial and have no right to claim
legal privileges.
This is simply an investiga
tion So get at the. facts. 1t is
notorious that in such cases the best
means of ascertaining the truth lies in
betting the witness tell his own story,
without Interruptions, badgering or
cross-examination, and leave to those
conducting the investigation the draw
ing of conclusions. 1t is eminently prop
er and sufficient in the present case,
because upon this committee of three
there are two lawyers of the highest
ability and long experience, and they
need no attorney from the outside to
instruct them in the value of evidence
or to prevent them from being led
astray by undiscovered weaknesses in
testimony.
The managers of the state prison are,
indeed, on trial in a moral sense, not
before this commission, but before the
bar of the public opinion of this state.
What is needed to condemn or to acquit
them is the plain story of all the facts
1t is not proper or accurate to say
that the G o b e is the accuser. The
accusers are the host of witnesses who
have come forward voluntarily with
statements charging that they have
either experienced or witnessed acts of
inhumanity and brutality in the state
prison at Saltwater. The columns of
the Clio b e have been open to these
who sees wrong and wants to help to
right it. We have given publicity to
solemn allegations which ought to have
the light of day, and have insisted
that an investigation be made. We
have been amply justified by the re-
suits, as we were justified by the
charges brought to our notice in max
ing the demand. What we want, and
what the people of Minnesota want, is
the story of the facts.
This is not a case for the twistings
and turnings of counsel, for the brow
beating of witnesses, for the service
of an attorney in working up a case
and in endeavoring to confuse and con-
found men not accustomed to the hair
splitting of legal battles. 1t stands to
reason upon the face of 1t that an in
vestigation in which one side is repre-
sented by counsel and the other is not
exhibits an inequality in terms. No
man would dream of carrying an i'm
portant case before a court where his
cause depended upon the evidence Of
a score of witnesses, and having these
subjected to the treatment common in
law courts by opposing counsel, with
out any legal adviser of their own
present to protect them and secure
their rights. We are absolutely con-
1ident of the -mindedness Of the
gentlemen composing the committee,
but they cannot, by the very nature of
their office, supply the deficiency of
counsel for the prosecution. A man
cannot be arbitrator and attorney for