The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-16
OUR DEFECTIVE CRIMINAL LAW
METHODS.

count of the trial and execution a few
months ago of d notorious Australian muir
derer named Butler who was arrested in
San Francisco. He shipped as a common
seaman from Australia, and after his arrest
in San Francisco was held until the Aus
tralian detectives arrived to take him back
The Australian authorities made short work
of his trial, and he was executed at Sidney
very soon after his conviction, as convicted
murderers should be. An unpleasant re-
minder of the event comes in the shape of
statement from the attorney general Of
New South Wales regarding claims by Cali
fornia officials for fees and expenses in con-
nection with Buffers arrest and extradi-
ton. At first these demands were paid
without question, but they continued to
come until the attorney general has written
a letter in which he says:
The extradition proceedings IN America oc
cupied nearly four months. In this country
the extraditiOn court, the coroner'S inquest,
the examination of twenty-seven witnesses,
autopsy on discovered bodies, granting OF
the warrant, securing the signature OF the
Governor, obtaining the verification of the
papers by the United States consul, and the
departure of the detectives, occupied one
day only. The proceedings in America en-
gagged the attention of the court for eleven
days and when Butler was returned to the
colony his trial occupied two days and a
half from beginning to end This case in
America ought not to have occupied more
than one day, and / will venture to say
that If the matter had been left to the con-
troll of our police it would not have
occupied more than that time. The police
who were on hand to arrest Butler, the
officers who were on duty at the gaol, have
ali MADE enormous charges for their serv-
ices. The gentleman who presided over the
court the marshal. all the officials in con-
high rate of remuneration. 1t is all eX
traordinary to me, and cannot understand
that there are no authorities in California
to control such matters. Ii was certainly
not intended when the extradition treaties
were framed that such charges should be
made. Many applications have been made
to this country for extradition which have
always been promptly granted, and without
a farthings cost to the applying govern
ment / shall deem it my duty to advise
the government in all future cases TO allow
incorporating governments to keep our
criminals and thus avoid the risk of being
asked for such extraordinary payments as
these.
This letter is published in the London
Daily Mail, from which the Journal copies
it. 1t is not calculated to make Americans
feel proud of their country or to elevate us
in the esteem of intelligent foreigners. 1t
is sometimes well to see ourselves as others
see us, and to learn from our critics, if
not from our enemies We Americans are
so convinced that ours is ''the best govern
ment on earth that we are apt to conclude
that the American way of doing things is
always the best way. 1t ought to be, but
unfortunately, it is not. In some OF our
legal and judicial methods, especially in
the administration of criminal law. we ap-
pear at a disadvantage compared with some
other countries. In the case of Butler there
was no reason why the extradition proceed
ing should not have been closed in a few
hours, or two or three days at furthest
To occupy nearly four months in such a
proceeding was simply outrageous. The
same may be said of the charges which
seem to have been filed by every person
who had any official connection with the
case, from the judge down to the police
A few years ago the United States made
a demand upon New South Wales for one
Maxwell, who was known as the st. Louis
trunk murderer, and who had fled to that
country. He was hunted down, arrested and
handed over to the United States authori-
ties, as was stated at the time, without
so much as a cent being asked to cover
expenses. That was the Australian way of
responding to an international demand for
the furtherance of justice. The contrast be-
tween that and the conduct of the Cali
fornia authorities in the Butler case fully
justifies the sharp comments of the New
South Wales attorney general When we
come to reform our criminal jurisprudence
and administration of criminal law, as there
is sore need OF doing, we should reform
also our methods of dealing with foreign
criminals under the extradition law.