Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-01-31
PRISONERS FAVORED.
Proceedings at the Tucker Trial Shows
States Attitude.

FTOCecutnyS at tiS uSNS' 1890
States Attitude.
Cambridge. Mass, Jan. 30.-The
| Tucker trial has given rise to more
discussion of law and legal points
among citizens IN general than any 9TH
er trial in many years. Almost every
body is willing 10 advance n theory on
this prOposition or that relating to the
Thicker case. and many of them are
novel.
The cost of the Tucker trial is said
| TO have been greater to MiddleSeX
county than any trial which preceded
| il. although there were other trials
which lasted almost as long as Tuck
er's did. a great number of witnesses
was called, however. for both the gov
eminent and the defence and their lees
| brought the expense pretty h1sh.
County Treasurer Hayden has esti-
mated that fuckers trial Will cost be-
tween $50, 900 and $4,000 and 1t IS likely
to reach pretty close TO the latter
amount.
| Leaving out of the question any par
| ticular defendant, or the merits of any
given case. the Tucker trial has direct
ed attention to the excellent OppOrtu-
nitv which the commonwealth Of Mas
| sachusetts gives an accused person in
| a capital case to defend himself prop
| erlv.
There is no doubt" said n lawyer
who himself appeared 1or the defen-
dant in 4 case of murder a few years
ago before the United States court.
which a the time attracted widespread
attention. that the commonwealth of
| Massachusetts gives a man accused OF
capital offence every chance to put in
a defence. There probably is very
close line drawn in the matter of eX-
pense. and nothing that is not deemed
necessary by the court VIII be allowed
where expense is involved. but all es-
genital advantages are permitted to
| defendant in n capital case
| The question, for instance. of III"
recompense to he allowed counsel for
the defendant. whether in Tucker :
clse or any other. Is IN important one
There is no set practice regarding SUI
matters. the court usually deterihiiliif'
the counsel's fees.
When a man IS accused of murder he
can if he 50 desire. employ his own
counsel and pay them. II that case
he can select anybody he pleaSeS ana
nav them himself. OFTEN. however per
sons accused Of murder are rarely abl"
re- nav counsel. and in such instances
the court usually assigns coullSel oiii1
time i'm advance Of the trial
The wishes of the defendant are uSu-
alIv considered in this matter. and
-hoever he selects as counsel are gen
erallv assigned by the court to defend
|
oort.d from as il sometime has been,
il is in the case of the senior counsel
ubono the court always must feel sat
isfied is of SUR cient lcga! AFFINITY TO
nroperlv conduct the defence, so that
tn erights of the defendant may not
suffer.
In rerard 10 the summoning and pay
ment of witnesses the defendant Is Oh
exactly The same plane as the common
wealth. and anybody whom his couhSr
considers a niece Ssary witness 1or MS az
fence is paid by the commonwealth. as II
he or she were a government "ilHesS
This is true Of expert witnesses. Wheth''
in the medical line or on handwrflnS' Oh
any other particular subject that may
, hapnen 10 he involved in the case. ! n
. | court however. exercises general S"pei
uitncSSeS and does not always rate tht
Testimony of experts at their own value,
! While there is no special schedule Oh
fees for counsel employed for the dcfenct,
| me court as a rule is generous in sicf
mat ers. and is willing to allow a 1h an
| margin for legitimate expenses IN tht
| preDara zion and trial of capltal case
The counsel for the defence submit seal
of expenses incurred in the preparatloi
and trial of a case. and il the court h'ld'
| them to be warranted, III talnoulL dSh"'
. is usually allowed.
II is not exactly a rule OF court. bui
the practice is that the bills Of costs Of
LAWYERS for the defence ar" audited. ana
IL necessary revised by the Judges who
have tried the case. and when they cert
~ that the amount charged is no. eN-
orbit mt il is paid by the county with
out further question.
The practice in the Tucker case as tc
witness fees and the payment III jurors
did not vary from that which is in vogue
throughout the commonw"al Inc sta
IuttS lrovi IL that jurors are TO he pad al
the rate OF s. day. and allowed eiEh;
cents mile for ranSporta ion. w me
serving as jurors. and the remuneration
of witnesses is Sl.21 Il day. and nv" cent :
| mileage in each direction between their
homes and the court house.
| Sheriff Fairhairn of MddleSex county
estimates that it will cost close to $4Hr
and the hoard and keeping of the jurors
| who tried Tucker
| With the exception of the two trials OF
| Bran in the United States court 4 fcW
| wears ago. il is believed that the Tucker
trial has been the most costly OF any trial
which has ever taken place in MdSSachu-
| e"tts. The two trials of Br3m, one last
ing nearly six weeks and the other about
four, are said to have cost the United
| States about $h,G0