Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1907-02-20
Defense Of the courts.

Inc following sensible letter IN |
defense of the courts of this state
was written by F. A. Turner, of
Avoka, Iowa, and published in the
Register and Leader:
Kindly permit me to make q
suggestion or two respecting the
criticisms that are now being made
against the courts, and especially
the appellate courts, because
criminals are permitted to escape
punishment on account of the tech
nicalities" of the law. 1t must be
admitted to begin with that the law,
at its best, is an imperfect science;
that it cannot be reduced to a mathe-
NAUTICAL accuracy. Each case must
depend, to a large extent, upon its
own peculiar facts. This being true,
we must 60 to the history of the case
itself to see where the errors, not
"technicalities," creep in, and who
is to blame therefor. Judges are
but men and liable to err. But it
mpst be remembered that they are
often put in a helpless position. In
most Of the counties Of this state, at
least. the salary paid to men who
are chosen to fill the office of county
attorney, the officer who is chosen
for and charged with the duty Of
| prosecuting criminals, is so meager,
it may be said parsimonious, that it
has no attraction for men of long ex.
perience and learned in the law.
The result is that young practitioners,
sometimes novices, are chosen to fill
this Office. Having but little know
ledge Of the rules Of evidence, having
had no experience in marshallina
facts and evidence to prove them
having an ambition to succeed
whether right or wrong, and often
being called upon to meet men Of
great learning, coupled with long
experience at the bar, he is totally
unfit to perform the duSies OF thu
Office. But either by choice Q,
necessity he assumes the RESPONSE
bility and wades blindly through
the case. The trial Judge, learned
though he may be, not having hai
any opportunity to examine into tn,
facts nor any opportunity to review
the law touching the case, canno
and does not hope to receive am
help from such a prosecutor, mus
! meet conditions as they arise. In
stead of being steered away from
the pitfalls, he is liable to be led in
to them by this inexperienced choic
of the people. The result is that b
. is required to direct and act a
3 counsellor for the man to whom b
: should look for aid and assistance j,
the trial. But Notwithstanding al
! of this vigilance, errors will and d
: creep in. Long established rules q
law are violated. The rights of tn
accused are thereby prejudiced. d
must, because thereof, be granted
< new trial or the judgement reversed
}. in the appellate court, of this lon,
: established rule, promulgated 70
! the protection of the innocent, an,
of 80 long standing that the mem
ory of man runneth not to the con
> trary" must be overturned. 1t doe
! not take a legal mind to see tina
this will not do. No mans libert,
would be safe under such chaoti
!. condition Of affairs. And for one
: am glad that we have such rules
8 such laws, and I trust that the do,
, will never come when judges will 8
. far listen to the public clamor tina
y they will be induced to apply thes
! rules to one case and not to anothe,
i While it must be admitted tia
courts are liable to, and do err, "
must look far below the courts 70
the principal causes of why Grimm
ais 60 free. We must look to tn
Q peace officers who are chosen to en-
force the law and protect society
men who will not stop to think no,
}. many votes he can make or lose b
) this or that act, men who will dor
: to do the right and damn their &C
cusers. Respectfully,
F. A. Turner.