The river press. [volume] (Fort Benton, Mont.) 1880-current, 1907-05-08
WEDNESDAY. MAY s. 1907.
A AND JUSTICE.

The disposition to recognize legal
technicalities as grounds for the OBJ
struction or defeat of Justice is not
calculated to increase public conf
dence in the efficiency and sense OF the
courts. Where such technicalities are
of material consequence to the inter.
ests OF the parties to cases on trial
il it is evident that injustice has been
done by serious errors or defects in
the proceedings-it is proper that the
courts provide a remedy for the mis-.
take; but to the mind of the layman it
appears that frivolous inaccuracies
that have little or no effect upon facts
that have been established by com.
petent testimony should not be per.
mitted to shield any criminal from
pen alties provided for his o%ffense.
1t is becoming the custom OF the
courts to regard the most tri6ing de-
fects in the proceedings as sufficient
cause for setting aside a verdict that
was justified by the evidence pre-.
sented. The criminal element is being
protected and encouraged by court de-
cisions based upon legal bubbles
rather than upon questions OF fact.
The custom originated with the higher
courts of the country, and inferior
judicial tribunals have been compelled
to follow suit.
Recent instances Of a miscarriage
OF Justice in Montana courts will il.
lustrate the unfortuu ate situation.
Over in Silver Bow county a deputy
clerk OF the court issued a number of
warrants to fictitious names, which
were converted into cash through a
confederate. The grafters secured
about Sl4, 600 in county money before
their scheme vas detected. The two
men implicated In the steal were ar
rested, and at the trial of one of them
q lawyer for the defense %interposed
the technical objection that as the
fraudulent warrants had not been i'm
pressed with the court seal as re.
quired by law, they we're practically
worthless paper, and should not have
been cashed by the county treasurer
The court considered this technicalit,
of sufficient Importance to Justify the
acquittal OF the a~ccused-a result tina
would doubtless have been secured by
an appeal to the supreme court had h,
been convicted.
In this case. the purpose Of the con
spirators was to ROB the county treas
AIRY, and they succeeded in that pur
pose to the extent Of $4,000. They
did a bungling job by failing to make
out the warrants exactly as the Law
directs, and this defect saved then
from q term in the penitentiary
Would it not be more in the line O
justice to punish these men for tn,
robbery they perpetr ated, irrespectiv,
of q defect in the instrument through
which they obtained the plumber?
Another instance OF justice delayed
by legal technicalities is the Keer
murder case, which has been in the
courts for the past three or toul
years. The defend ant killed q Helens
bartender named Crystal, the accused
it is alleged, being under the influence
of liquor at the time. The fact of tn,
killing was established At the frs
trial, and the defendant was given {
life sentence on conviction Of murder
in the second degree. His lawyers ap'
pealed from the verdict on q technic
atty and secured anew trial, at which
the jury failed to agree. AT the thirt
trial the defendant was convicted o
manslaughter, and given a sentenc
of a few years which his lawyers no,
seek to have set aside because of
The defend ant killed his fellow citizen
but his attorneys claim to have dis
covered trifing errors that may pro
tect him from the penalty he SHOULD
pay.
Persons accused of crime should b
given every reasonable protection j
the course of trial, and receive tn
benefit of every doubt: but it is a per
version of justice and a wrong to tn
general community to protect a Grim
insl by giving judicial recognition I
technical errors that in no way affe.
the question Of the guilt Of the &C
cused.
THE WAY OF THE WORLD.