The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-31

that these petty judicial officers are
encouraged by the lawyers
Many a lawyer in active criminal
practice has his magistrate. He owns
HIM as completely as though he were
sealed, signed and delivered A word
to one OF these owl-liKe weaklings
sanctioned by the law from his law
yer-owner and the decision of the
Court" is a fore-gone conclusion
in the practice of their profession
justice has poor show UNI
less every lawyer owning a
magistrate is always right. AS such
lawyers take every case and any side
that reaches them first with the cash
fee, the conclusion in the preliminary
court is often as stated above "A hit
and :, miss affair.
Some Magistcrial Capers.
Here in Raleigh some years ago
there was the most perfectly aligned
judicial conspiracy perhaps ever in
vented in the State. 1t was also, a
conspiracy under the law and there
fore not subject to indictment as such.
Under its operation three magistrates,
two or three lawyers and a portly
constable waXed tat on coin of the
realm literally extracted from thread
bare pockets. The scheme was oper-
ated somewhat on this wise:
In the hurly-burly of an existence
subject to squalls and vexations pro-
ductiVe of temper two citizens might
come to blows. The trouble might
be over with "A curse and a blow,
might be in fact in the utmost OBJ
security. Nevertheless one of the con-
stables runners would hear of the
occurrence and report it TO his chief.
Whereupon the constable would ap-
pear on the horizon of one of the par
Elephants, hale him to the Court of the
magistrate and there he would be
given a mild illustration of the third
degree" resulting in his swearing out
a warrant against the man with whom
he had fought and possibly with whom
he was still friendly. This made sixty
cents for the constable and he served
the warrant. At the same time he
would advise the culprit that this was
a very serious case, and he had better
have a lawyer. The criminal would
take his chances with the judge. The
Judge looked as though he was the
custodian of the sentence of death.
The matter was very serious and he
would do nothing until he had heard
the evidence. The criminal. with
shaking knees, thought better of the
constable's advice. Said the latter,
through a protecting and confidential
hand. YOU'D better go to see lawyer
So-and-So."
This business out of the way
the constable hunted up his
friend the complainant. 1t was still =
very serious case. The other man had
got the great lawyer So-and-So: there
was ono salvation for him. to see law
yer ThiS-andThat
Al, l.,
postponed the case, summoned in
Vulnerable witnesses, for serving each
of whom the constable was assured his
fee. and at length the trial came to
pass. 1t was big trial invariably and
the fame of the lawyers suffered not
at all among their prospective clients.
The speeches were enough to turn the
hair. The complainant and defendant
alike trembled for the issue. At length
the verdict would come after a grave
pose of thought on the part of the
cOurt-in some manner it came always
in the quarter in which there was the
ready cash. If the criminal was
"heeled" it was fine and costs; if,
however, he had been MIXED dry by
the lawyer, it was a malicious prose-
Cution' on the part of the complain
ant who considered himself lucky to
be permitted to pay the costs instead
of standing an indictment for the
crime of which he had heard for the
the first time.
AS a result all parties to the pro-
Ceeding had profited handsomely by
the tranaction except the litigants, who
did not want to quarrel in the first in
stance. There is no fancy in thi;-,
either. The writer has known a man
to be indicted for removing a crop
under mortgage which he had abso-
lutte proof he had paid: known the
magistrate to refuse arbitrarily to lis
ten to the testimony of the defendant
in his own behalf and then to offer to
hold up sentence if the defendant
would pay the debt which he had al
ready paid before. And SO strong was
the natural aversion of a self-respect-
ing country boy to be even charged
with crime that he was with difficulty
persuaded to appeal rather than pay.
OF course, before a Judge, this case
went out of court inside of two min
utes.
In this judicial corporation, more
than one magistrate was needed on
account of the right of a defendant to
remove" the case. The removal is
discretionary with the magistrate and,
naturally, went to one of the other
members of the firm. What was the
basis of distribution is not known, but
there is q strong ground to believe
that the entire profits were poole T.
monthly on the ratio of the cases orig
mated.
Not long ago in another town than
Raleigh, well-dressed. slick and very
dignified looking citizen walked into
the Courtroom:
"Who is that" asked a stranger.
"Oh, he is Mr.. Blanks magistrate,
came the commonplace reply. His
shop is just around the corner from
the Court House"
The principle of penny and costs
has long been a crying shame through
out the State. The trouble with the fly
magistrate is that he must look to his
fees for his living and he is going to
get the fees. After they are paid, he
loses interest. What else is there for
him to do in the case, anyhow?
Here is a case that recently arose
here:
One Shop Rogers was recently ar
rested and brought before a Raleigh
magistrate on the following charges
which were supported by ample evil
dence of probable cause" that in d
trial before another magistrate, IN
which Rogers was the prosecutor, he
agreed with the defendants that he
was to receive $25, to be used in sub
orning witnesses in the trial, SO 10