Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1902-03-20

ness of crime might properly be held.
Sometimes the disclosures made are OF
service in following up the illegal ven
ders, and sometimes they are not.
Persons do not often disclose volun-
tarily. Disclosure smacks OF a breach
of honor-and even among thieves
there is honor. When the one who dis
closes took the liquor from the other
if furnishing is the crime that the stat
ute contemplates-he was particeps
criminis. He knew that a crime was
being committed, yet he not only took
no steps TO prevent it, but aided in its
commission, since it requires two par
ties to bring about a breach of the liq-
uor law. Whatever construction the
technical and purblind eye Of the law
may subsequently put upon his limo
cence, he knows in his heart that he
was equally guilty with the one whom
he is required to betray. His conscience
troubles him, and be would fain escape,
but the remorseless statute won't let
him. He must, MUST tell where he
got it If possible he concocts some
fairy tale" that lets the other party
out. Sometimes he accuses the wrong
party. Sometimes he tells the whole
truth, and prosecutions follow. But
always he must have the feeling that
he is a traitor and coward.
And this disclosure proceeding is
popularity of our rum legislation.
Granting, if youplease, that the party
intoxicated is absolutely innocent ofall
participation in the crime, and is
merely moral weakling, irresponsible
for his acts; a psor creature, whose So
briefly the state has undertaken TO
maintain, and that the one who furnish
es is the sole culprit in the transaction,
what an anomaly is here presented !
A man, at dead ofnight, is pOunced up
on by a highwayman, robbed and beat
en-. A crime has been committed. Is
there any special legislation requiring
this man to disclose who assailed him
Can the court clap him in jail and keep
him there until he tells? Possibly it
can, but it never did, and there is no
special warrant for it. Ordinarily the
man assists the state in detecting the
so there is no need of
but were this not the case
no one would think of obliging him to
DO it. There is law against bunco
steering, but no special acts exist, CIV
ing the victims OF such games their
choice between imprisonment or con-
fession of their part in the transaction,
in order that the bunco men may be |
-aken. In only the highest capital
crimes would witnesses be held in this
way, and in those cases they are re-
garded as parties and made response
Die, in a measure, for the crime itself.
Why this special twist of the law when
It comes to deal with the liquor traffic
1t may be that "the end justifies the
means, that The system of compulsory
disclosure has been productive ofmore
rood than i'll. We are not prepared to
,ass judgment on that point, nor can
lnyone do so who cannot weigh all the
perjury that has resulted. What puz-
les us is 20 see how the state justifies
opening one mans mouth in testimony
igainst another as to a criminal act in
which both took part, the state all the
While holding one party only as guilty,
nut naming liberty as the price of dis
losure for the guiltless party. If in ,
ocent, why is he not released if gull ,
Y, why not punished?