Omaha daily bee., 1899-06-07
PRISONERS DENIED A TRIAL
Shields Neglect Keeps Them in Jail While
the Court is Idle.
9TH RS ESCAPE ON MERE TsCHNcALI1l.S
Incompetent Prosecution ELECTS Free
aucnt Criticism from the Bench
Baxter Makes n New Record
Doings in various Courts.

Some of the attorneys who have clients in
the county jail awaiting trial are decidedly
exercised over the dilatory manner in which
criminal cases are being prosecuted. In
spite Of the fact that there are now sixteen
or eighteen prisoners locked up, who are
ready for trial, no cases are set until Thurs
day morning. Two cases were set Mon
day, but one Of the defendants pleaded
guilty, and the other was dismissed, so the
entire proceedings occupied scarcely fifteen
minutes Yesterday the county attorney had
no cases ready, and the same story was told
when Judge Baker mounted the bench this
morning.
Under these circumstances the court took
occasion to express a very decided opinion
with reference to the matter. Deputy
County Attorney Grossman suggested that
the failure to have cases ready was due to
a misunderstanding between the court and
the county attorney, owing to a supposition
that Judge Baker would be out of town
Tuesday and Wednesday. Judge Baker very
emphatically declared that he had taken es-
pecial care to assure the county attorney
that he would not go way unless he could
secure some other judge 10 attend to the
criminal docket. He had been unable to do
so, and he had consequently given up his
two days vacation and was ready for bust
ntES. Ii prosecutor Nhib Nh'iS
were no cases that could be taken up before
Thursday, and the jury was consequently
dismissed.
This Is one OF several incidents that have
occurred during the term that illustrate the
looseness that prevails in the county attor-
ney's office. In spite or the fact that
Shields Is given the services of an extra
employee in the person Of w. II. Gunsolas and
an extra deputy in Lee Helsley more time
has been wasted on account of his failure
to have cases ready for trial than during
any previous term of the criminal court.
Even after cases are called 1t is a matter Of
frequent occurrence that they are dismissed
or postponed on account Of some ncompe-
tency or neglect on the p=rt OF the county
attorney or his assistants. Only the other
day a man named Benson, who was charged
with a very aggravated assault with a knife,
in which the victim was nearly killed, was
dismissed because the county attorney had
forgotten to have him arraigned. The jury
was selected and sworn in, and then the at
torney for the defense called attention to the
oversight and moved a dismissal. His con-
tention was verified by the record and the
court had to sustain the motion.
An equally significant incident occurred
during the trial of John Pyle, accused Of
shooting William Mason with intent to kill.
Deputy Attorney Dunn empannefed the jury
Thursday and conducted the prosecution Fri
day. Saturday the case was still on, but
no Dunn appeared. Neither was there any
| explanation for his absence. Judge Baker
sent for Deputy Grossman and compelled
him to go into the case entirely without
| preparation and take it up where Dunn left
off. 1t happened that the evidence was con-
! elusive against the defendant, and Gross
man succeeded in securing a conviction in
spite of the fact that he knew nothing about
the case.
These and similar instances Of dereliction
on the part of the county attorney have
ELECTED a number OF sharp criticisms from
| the bench, but Shields has a supply Of eX-
! cuses that hold out like the widows cruise.
In the meantime, a number of attorneys are
preparing petitions in habens corpus through
which they expect to secure the release OF
their clients on the ground that they have
not been given that speedy trial that the
law allows them.