Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1900-08-23
A TRAVESTY r.
r. ON JUSTlCE7

the IHflS MtfctfI. Ohc VT tWo
excellent points are touched upon,
but how about other things refer
red to. Like the Rails Co. Record,
we are inclined to think that Jester
could not have gotten fair trial
or Justice at Paris. Evidently too
much passions and prejudices'-
Just what the Mercury condemns
i'm being around Paris. Read:
The trial of Alexander Jester,
Just ended at New London, when
viewed as to the part played in it
by John w. Gates, has raised a
serious question i'm the minds of
thinking persons. Briefly put, it
is, has any individual or party OF
individuals the right to nsurp
functions properly belonging to
the State! II so, to what extent
must such usurpations be- permit
ted! The enforcement of its laws
and the prosecution of its crimi-
nails are among the sovereign du-
ties of a State, and tho it has been
the custom to allow friends and
relatives of murdered people to aid
in the prosecution of accused per-
sons, legal minds have long ques-
toned if the practice is not in di-
rect opposition, theoretically, to
the spirit of the constitution. The
State, in its arraignment of viola
tors of the law, is supposed to be
absolutely just and impartial,
while its prosecuting officers are
assumed to act in quasi-judicial
capacity, free from any of the pas
sions and prejudices natural TO
parties connected with crime on
one side or the other. Such can
not be the ease where Interested
parties are allowed to participate
and aid in criminal prosecutions.
Under the law every accused per-
son is supposed to he innocent I'M
til proven guilty, but this theory,
il seems, has been in II measure
subvertcd, and the reverse is true;
States attorneys, oblivious to their
judicial obligations and functions,
too frequently act upon the AS
umptiOn that convictions must he
secured Mt all hazards, irrespective
of any matter of justice involved.
Add to this fallacy the practice of
allowing outsiders to assist in
prosecutions and the dangerous re-
suits can be readily foreseen. This
right practice having been once
established, however, a fatal de-
feet ut once becomes apparent in
our criminal system. No State
can compel the attendance of wit
nesses residing in another State,
and the laws of most States forbid
the allowance of mileage and per
diem until such witnesses arrive at
the State line. 1t will be seen
from this that detection of high
crimes, when any number of years
have elapsed, would be next to inn
possible without outside assistance.
Such defect can he remedied only
by II federal law providing for
forcible extraditiOn of witnesses.
and until it is remedied. aid of the
nature rendered by Mr.. Gates and
the services performed by the much
maligned Pinkertons in hunting
up evidence beyond the jurisdic-
ton of more properly accredited
officers, must be permitted in be-
half of common justice, the en-
forrement of which is more essen
tial to the well-being of the body
polite than the evils growing out
of the so.called usurpation of the
States duties by individuals. Per-
haps the Jester ease furnished an
unusually fragrant example of this
evil, but it is certain that the fact
was paraded by the defense more
than the millionaire presence and
activity in the ease justified. He
had the good taste to remain in the
background, but even that did not
prevent the appeal to nor the IL
rousing of II disreputable preiu-
dice to defeat the ends of justice
The whole trial was farce and Il
travesty, settled definitely before II
single witness entered the box. 1t