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

ATTIC it involves absolutely nothing that is
of any sort description, case in recent
times has so riveted the attention of the general
public, and also attracted the special notice and
interest of persons whose business it is to deal with
similar matters from various points of view, the
recent trial of Roland B. Molineux, following as it
did his previous conviction and sentence to death
the charge a
Unlike most important cases. which usually
contain fact, idea or theory around which pro-
fessional interest centers, in this there no
less than five which are quite distinct from each
other. These are Cd The question of the propriety
expediency of capital punishment under any
circumstances. ~ The costs in criminal cases.
(3) The overt criminal act having different effect
from that intended by it's author az The selection
of person the culprit when there is just as
much evidence against another others, and (5)
Expert testimony and it's admission and value.
The first of these questions has been thoroughly
thrashed out over and again. and probably every
possible argument has been brought forward for and
against it. Those who are strongly opposed to it
constantly adding numerous recruits to their
ranks and have already succeeded in abolishng it in
states Certainly two of the arguments against
it cannot be dsputed for the worst possible to
which a man can be put is to hang him: and it is
the benefit to society in general-not individual
vengeance-which must be taken into account in
legislation. al
On the other hand, it's abolition might, in
practice have tendency to create feuds and assas-
sinations of the Malta type.
The second question, namely, the costs in
criminal cases, is which is Of the most vital
Importance to the parties chiefly affected and has
hitherto escaped general and persistent discussion
of kind to properly bring out the facts and give
rise to any settled opinions it's merits In this
connection the case under discussion merely en-
phasizes what happens in all cases in which man
is accused of crime whether he be innocent or
guilty of it. We told that the aggregate cost of
the case was fully half million dollars. But even
if are disposed to discredit this statement the
actual amount will probably never be known. we
must at least admit that the expense to which the
defense alone put must have been enormous.
If Molineux had been unable to procure the neces-
sary funds it is obvious that he would have paid the
forfeit with his fe As it stands he has spent four
years in prison and has been fined thousands of
dollars; and tho ultimately proven entirely innocent
of any crime he has no recourse even for the re-
covery of part of the expense to which he bound
to DO put
If the state, by it's recognized agent attorney,
brings civil suit against individual in which it
is unsuccessful it called upon to pay the
costs incurred by the individual in defending his
property against the claim. This being just. why
then should difference be made when the dispute
embraces not only the property of the individual,
but his good name his liberty and even his very lief
It may be urged that this is an exceptional case,