The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1905-04-01
MORE LIGHT UPON
BURGLARY CASE
ONE FINE REMITTED AND COSTS
TAXED AGAINST COUNTY
Prosecuting Attorney Wynn Makes a
statement Rejecting Upon Justice
Blair, Sheriff McCrary and Attor-
ney Irwin.

ney Irwin.
A Virginia justice of the peace under
took to temper justice with mercy in the
case of boy charged with ''petty lar
ceny." The evidence against him was
conclusive; but he was very young; ii
was his first offence, and there were some
extennating circumstances. The old far
mer justice decided to give the boy a
stern lecture. He looked at the culprit
severely through his spectacles, and be-
gan his lecture.
young man." said he, 'this is awful,
this is right down awful. and want to
warn you-I want to say
Here the old mans sense ofjustice sud
denly conficted with the pity awakened
by the sight of the lad, who stood trem-
bling before him. He cleared his throat
twice, and shouted angrily, "Clear out
O my sight. you ornery scamp, before 1
send you up for life.o-Atlanta Journal.
A case similar to the above, though
the offence was greater, occurred
here last week and the result was
fully as farcicaI and much greater
travesty of justice. Two boys with
established regulations for depravity
and who confessed themselves guilty
of burglary, an offence over which a
justice of the peace has no trial jur-
isdiction, we're allowed to plead guilty
in the justice court of petit larceny
and after being sentenced to pay
fines of SO each, and costs, and to
confinement in the county jail for ten
days, the jail sentences were ''sus-
pended" in order that one of the
''ornery scamps, (who happens to be
the step-son of the attorney who ap-
peared as prosecutor without au-
thority) might ''clear out. . It was not
the first offerce of either boy, though
neither had before been arrested,
and the circumstances were alto
gether aggravating instead of ex-
tenuating It now appears that in
addition to suspending the jail SEN
tences of both boys, though only re-
quested by the unauthorized pros
ecutor to do so in the case of the
Anderson boy, the justice remitted
the fine in the case of the latter and
taxed the costs of his case against
the county. The only person really
punished is Mr.. Groat, poor man
who has to work hard for every dol
lar he gets and whose boy has been
brought up without mothers care
and counsel, which might perhaps
have restrained his evil tendencies.
In reporting the matter last week
the ISLANDER stated that Prosecut-
ing Attorney Wynn was absent from
town when the case was tried
and that Attorney Irwin appeared
as prosecutor. In a written state
ment furnished to the ISLANDER for
publication, and which shows very
clearly that he is in no manner cen
surable for the burlesque trial and
it's outcome, Mr.. Wynn charges that
advantage was purposely taken of
his absence from town. He says:
To the Editor
Your statement in last weeks issue to
the effect that was absent at the time Of
the trial of the Groat and Anderson boys,
while true, carries with it inferentially q
mistaken idea of the case. The prosecut-
ing attorney is by law the legal adviser
of the county and township officials and
is tie ONLY PERSON authorized to appear,
besides the attorney-general, for the state
of Washington in any criminal action.
It is the duty, therefore, of justice of the
peace. upon an information filed in his
office, to notify the prosecuting attorney
at once so that he can prepare the case for
trial. It is also the duty of the sheriff to
notify that officer in case he has anyone
under arrest for any crime and to bring
the facts to the prosecuting attorneys at
tention so that he can have the case prop
erly brought. In this case I was not in
formed that crime had been committed
or that anyone had been arrested, al
though live across the street from the
Justice of the peace and take my meals at
the sheriff's hotel, and was in town at all
times from the commission of the crime
until few hours previous to the trial. It
;s nl.in to me that this case was PURPOSE
ry KEPT FROM NY KNowLEDGE, as
neither Of the officers whose duty it was
to notify me gave any intimation as to
what was going on. although saw both
tho justice and the sheriff frequently after
the complaint had been filed, and even
met the sheriff at Churchill's corner on