The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-06-23
That is the Cost of federal
Court Convictions.
AT THE LAST TERM HERE
INDIFFERENCE AND INCOMPE-
TENCY THE CAUSE
NO JUDGMENTS YET WRITTEN
And not Even the Minutes of the Court have
been Written up Some Startling
Facts from The Record.

The last term of the District court for
the Eastern district OF North Carolina
was but little more than judicial farce.
1t takes the smartest and most compe-
rent prosecuting attorneys to make any
District court, where trivial revenue
cases are heard, pass muster as cred
table judicial proceedings, and when
these court officials are rs incompetent
as those now representing the govern
ment in this district, the sessions of the
court hardly rise to the dignity of judicial
hearings.
For two weeks the farcical proceedings
of the last court held in Raleigh nave
been openly discussed by men of all
parties in Raleigh. The News and OBJ
server has refrained from making COM
ment because it has desired to give
ample time for a general discussion OF
these matters and for men of all parties
TO express themselves before it turned on
the lights and revealed the facts as they
really existed.
The last term Of the United States
District court for the Eastern district
of North Carolina cost the United States
government. according to Mr.. ]. B. For
tune the clerk of the court in the neigh
borhood of $4,000.
There were ont of more than two hum
dred cases docketed five verdicts Of
guilty. The most serious one of these
was the Robinson case, and he was SEN
fenced to a term Of eighteen months.
There were seven defendants who plead
ed guilty, nearly all Of whom got off with
the payment of n small fine and the
costs. There were eighteen jury acquitals.
The remainder of the cases were either
mol pressed or continued.
So the FIVE convictions cost the govern
ment just one thousand dollars a piece.
OF course there was large number
called and failed and judgments nj 81.
and judgments absolute were entered.
neither o. which in nine cases ont of ten
ever amount to anything Besides. up TO
yesterday not Judgment had yet been
written. 1t is customary for the Dis
trict Attorney to write up his judgments,
fix up all his papers and get his records
all in shape Immediately after the adj
iOnrnment of court This time. so says
Clerk Fortune. District Attorney Ber
nard left Raleigh with instructions 20
Assistant District Attorney Spears To
write up the Judgments and fix mp the
records. Bit Spears left without writ
ing or indicting line, and so the papers
are all, or, they were. up to yesterday,
just like they were when court adjourn
more than two weeks ago.
Not an execution issued and not even
a capias issued, and what's more, not
even the minutes of the court written up
These two prosecuting attorneys had
on their docket ninety-seven new eases
and over n hundred cases that had been
continued from former terms of the
court They kept the grand jury in ses-
sion nearly two weeks and sent eighty
six bills of Indictment. Forty-fiye of them
were returned mot true bills"
They tried twenty-three eases from the
old docket and the new docket, eighteen
of which We're returned mot guilty" A
few eases were mol pressed. One plea
Of mol contender was filed. Seven defend
ants pleaded guilty, and as stated. there
were five convictions. Now" as a gem
tleman remarked. Those seven, who
pleaded guilty. are kicking themselves be-
cause they did not stand trial and get
acquitted"
IF we may take this term of the Fed
eral court as criterion remarked Il
prominent Republican yesterday, ''the
final summary of Eastern North Caro-
lima prosecutions would be about as fol
lows:
Gases cited before United States
Commissioner, 400.
Gases squelshed by United States
Commissioners, for lack of evidence, 200.
Gases that go off the docket for fail
nre of witnesses to appear and other
causes, 20.
Bills of indictment sent to the grand
jury. $50.
Not true bills returned by the grand
jury. 81.
True bills found. rs.
Ceases continued for the defendant
and for the United States for various
reasons, 4S.
Gases tried, %.
Defendants pleading guilty, z.
Defendants acquitted after full hear
ing. Is.
Gases convicted. s."
This would leave five convictions out
Of 400 original cases, but it must be
remembered that there are a number of
c0ntinudnces. Nobody. however. expects
many convictions out of these and the
Judgments Nj 81 are generally the bc-
ginning of the end The next is n indg-
menf absolute and an execution against
the bond is ordered Nine-tenths of
these are returned with the Endorsement
Nothing found upon which to satisfy the
execution
So we have, according to the results
of this court, nm average of FIVE convic-
tions out of 400 original cases. Mean
while the United States marshal. deputy
marshals, United States Commissioners.
hundreds Of witnesses. whose evidence
in many instances neither the Commits
sioners, the court nor the jury believe.
the court, clerks, attorneys, juries and
all have drawn their nay out of the
government. 1t would be interesting to
know how much these convictions really
cost. Not much less. we suppose than So
600 apiece. And these are the kind Of
Incompetent officials that the Pritchard-
Mckinley compact has fostered on North
Carolina and the United States govern
mont.
Work was hegnn yesterday lavine tho
foundation Of the new Tucker building