The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-30
CASE or FLORENCE BURNS.

|
ton of the examining magistrate in the
case Of the young woman, Burns, charg-
ed with murder in Brooklyn, that if the
case had in the first instance been sub
mitted to the grand jury an Indictment
would have been found, and the young
woman would have been obliged to de
fend herself before a jury, and might
possibly have been convicted,
The warning thus expressed by the
examining magistrate in that case should
be needed by criminal authorities. A
criminal case is submitted to the grand
jury usually on the evidence against the
accused which the police have been able
to secure Not infrequently that evil
| dence is manufactured by the police.
There is always the professional zeal of
police and public prosecutors to be taken
into account in such cases; and all who
know anything about criminal prosecu-
lions are well aware that police officers
will go to the verge of perjury. and some
! times cross it, in their anxiety to secure
conviction of offenders.
Examined by a grand jury in the first
instance, the only evidence available is
| that against the accused. It is a purely
star chamber inquisition. Certainly there
| will prove to be many men present who
will not find a true bill unless the evil
| depce, SUCH as it is, leaves no substan.
| tial doubt in their minds that a crime
was committed, and that there is the
amplest reason to believe that the ac-
! Jurors, like all others, are falible, AMI
it is impossible for any man or number
of men, to foxm a correct judgment en-
my case, however convincing on it's face,
in which only one side has been present
ed
The experience of New York city in the
| case of Molineux, and in many other
cases before it, teaches the taxpayers
| that if less zeal and enthusiasm for con
yiction by prosecuting officials were
shown, and more of the judicial spirit.
ishly expended in an effort to secure con.
viction where the evidence was not IN
herently convincing
In this Burns case District Attorney
Jerome declared that every opportunity
would be given to the defendant to es
tablish her innocence. He did not. how
ever, offer that assurance until the fair
ness of his office had been called in cues
tlon by the council for the accused.
Things had been done by the police ana
by one of Mr.. Jerome's assistants having
the case in charge, which were Infamous
IN themselves, and We're designed to place
the young woman in the electrical chair.
guilty or innocent. 1t was rather late
in the day to offer such assurance after
every effort had been exhausted that the
perverted ingenuity of the police and the
district attorneys Office, involving
threats, if not actual physical iIl-treat-
ment and falsehood, could suggest to in
duce the unfortunate young woman to
convict herself.
1t were well for the safety of every
community that police and prosecuting
officials should themselves be made to oh
serve the law, the violators of which
they seek to punish. The law of every
state declares that the accused is en-
titled to a speedy trial, and to be con-
fronted with witnesses against him. This
guaranteed right cannot be secured if
the agents Of the law constitute them
selves simply agents to secure convtc-
ton at all events. Many man has pona
to jail and death on the fruits of the
zeal of the police and public prosecutors
who was innocent of any offense.
Ii there is any serious meaning to be
attached to the statement that it is bet
ter that a hundred criminals should %
unpublished than that one innocent man
should suffer, police and public nrosecu-
tors alike should be made to understand
that it is justice not criminal convictions
they are paid to promote.
The greatest skill and promptitude are
often necessary to prevent the destrpc-
ton Of evidence of conviction and to I'M
mask the skilled criminal, and good
deal to secure convictions that the
police do is fully warranted under all
the circumstances. But there is no case
however convincing, and no matter how
Important from the public point Of view
IN which preliminary examination
should not be speedily granted to the ac-
cused before committing magistrate,
unless he specifically valves such exam
ination.