Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-11-09
illusions in the Courts.

The first care of Judge when pre-
siding at a trial should be to place
on guard against the snares
prepared for him by attorneys and wit
nesses.
In majority of the criminal cases.
especially in those made important by
the magnitude of the crime or the in
fluence of the parties interested, the
prosecution, as well as the defense,
spare no effort to convince the judge
of the truth and correctness of their
assertions.
A prosecuting attorney, in many
cases, will not hesitate to affirm facts
of whose veracity he Is the first one
to doubt. At the same time the at
torney for the defense, without excep-
ton, endeavOrs to prove and demon
strate the innoncence of his client, ev-
en- if he is convinced of his guilt.
To attain their ends they appeal to
all kinds of tricks.
In our modern courts and tribunals
the false witness has become famil-
lar character. The crime of perjury is
SO freely committed that the people no
longer consider it a crime.
The judge must be very careful lest
he be trapped either by the prosecu-
tion or the defense in one of the many
snares that are being constantly laid
for him.
Should a Judge be deceived as to
the guilt or innocence of defendant,
it is safe to assert that the jury has
also been deceived.
There are other errors, besides, that
a judge must be careful not to fall in.
to.
The above, which l would call "bad
faith errors" are, perhaps, less fire.
quent and not SO dangerous as the 9th
ers, which may be termed good faith
mistakes"
Nothing easier and cOmmoner for d
man than to err. In criminal mat
rers especially, the most intelligent
quick, alert and experienced man often
errs.
How many times it occurs that wit
ness, believing with the utmost goo(
faith that which he says is absolutely
true and correct, is sadly mistaken.
No proof is considered stronger eth
er in favor or against a defendan
than that which the witness has &C
quired by one of the corporal senses.
II he affirms, for instance, that M
~
cused man stabbed the victim, and HI
identifies him as the criminal. 1t I!
natural and logical that both jury ant
Judge should believe him.
| As a rule, whenever a witness makes
such a positive and decisive DISPOSE
ton all the efforts Of the defense there
after are limited to prove that the wit
ness had a grudge against the de
PENDANT, and that his testimony IL
false.
II it can be demonstrated, however
that no cause for such a grudge ex
listed; if it is proved that there is nj
reason why the witness should wish
ill to the defendant. then such testi
mony carries great weight, and in I
majority of the cases will be sufficien
evidence to cause the downfall of thu
accused man.
Yet nothing easier than to be de
ceived by our own eyes.
And if sight, the most reliable ant
mechanically perfect of the human
senses, is liable to be deceived, is no
safe to assume that hearing. smell
taste and touch can also deceive us
They certainly do, for instance. tina
We hear the voice of our friend at tn
front door of our home. when he i
really calling us from the back yart
| know of case of a man who wa
positive he detected the smell of burr
ing hair. He was testifying at tn
coroner's inquest, and his depositio
WIS considered very important becaus
the victims body, it was thought. ha
been cremated in furnace. Upon il
vestigation, however. it was found ths
the fumes referred to by the witnes
as burning hair were those of burnin
horn. man living near him had bee
cremating a dead calf.
The case is well known of that ia
warden in France who was attacke
in the semi-darkness of his office b
one of the inmates who was maxim
his escape. The warden was a bra,
man. but what could he do against tn