The mirror. (Stillwater, Minn.) 1894-1925, 1902-12-04

and doubtless it is in many respects, but in the
principle involved in this discussion it is merely
prominent example of an every day occurrence. No
q day passes when the various courts Of crimina
jurisdiction are in session all the United States
but what several hundred persons are subjected t
similar conditions on a smaller scale. That is te
say, the entire resources of county or state are
arrayed on one side against an individual who must
notwithstanding his innocence, provide adequate
of resistance, or, being worsted in an unequa
combat, pay the same penalty as the guilty.
In other words, the best an innocent man &C
cused of crime can hope for is choice between two
evils-fne or Imprisonment and disgrace.
Again, it may be urged that legal counsel il
always provided for accused persons who are unable
to provide for themselves, and that the state
will compel the attendance of all witnesses required
by the defense who are within its Jurisdiction This
sounds we'll, but how does it work in practice? Tn.
Minnesota law fixes the compensation of attorney
appointed by the court at a sum not to exceed ter
dollars per day. but makes no provision for the time
spent and the work done in preparing for the
work generally referred to by attorneys Instruc
tions"-a comprehensive term which stands for
very important part of any case
Now will anyone have the hardihood to main
tain that any lawyer OF equal standing to ability
and experience to the representing the state
be found who would willingly take case on these
terms and work faithfully and diligently for the bes
interests of the accused?
Further, it is deemed proper and expedient t.
pay the witnesses who give evidence for the prosecu
ton, their travelling expenses and compensation fo
their time lost but to make allowance for wit
for the defense to endeavor to obtain any
witness from outside the jurisdiction at the reques
of the defense.
AS to the third question, it is a presumption O.
law that man knows and intends all the conse
quences of an act he voluntarily commits
AS to the fourth: Whenever one man is selected
from two number, any one of whom may have
committed given crime, and is put trial, may
always look for bitter fight to the admission O.
evidence of a purely crcumstantial or suggestive
character against those who not trial. to create
doubt of the accuseds guilt; and after it has beer
admitted the prosecution will invariably argue tina
the defense has not proved concusively that another
man than the accused was responsible It is by M
means necessary however, that it should be proved
for if there is reasonable doubt the accused should
not be convicted
Innumerable instances can be seen in which
men Of cowardly disposition will wait grea
length of time for opportunity to crafty thei
spite on occasion when other party will, IL
all likelihood have to bear the odium
The fifth question, that of expert evidence, hal
been made the subject Of article in the N011
Anle,zcau Re7ue70 by Justice Woodward, of the New
York supreme court in which he deals with thu
payment of such witnesses by the state, no matte
by whom they are called, and suggests that this
would do away with their partisan statements.
It would seem, however, that this result would
not be obtained, because unless the parties knew
beforehand that the evidence of the experts would
be favorable to the side calling them it is hardly
likely they would be called unless the court jury
could be empowered to call them on it's own initia
tive as independent advisers. This latter is some
tries. In strict sense this class of evidence is no
evidence much demonstration and argument.
IN THE biennial report of Warden Wolfer to thu
Board of Control attention is called to the Law
requiring judges sentencing prisoners to state prison
to limit it possible the sentence that it will no
expire during the winter months. This clause ii
absolutely disregarded by the courts The records
show that for the past five years prisoners have
been discharged in the months of January ane
February than in any other months Of the year.
This is really matter of importance. Aside
from the fact that it is difficult for any to fine
work in the dead of winter, the prisoner discharged
at that time is practically compelled to seek refuge
in the cities, and consequently is than likely
to drift into evil COMPANY notwithstanding all hi