The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1908-12-31
The Daily Gate City

crly transact the business of the Of
fee with salaries high enough to Sc
cure the best possible service.
Sixth. general revision of the
laws governing criminal practice and
procedure.
In defense of these recommends
tons the attorney general says:
In the former days punishment was
so severe and the disgrace of being
convicted of a crime so great that
every possible safeguard was thrown
around the citizen charged with crime.
Every technicality known to the law
was INDUCED in his favor, and every
possible advantage given to him as
against the state. No man could be
tried for a crime above certain minor
offenses without first being indicted by
a grand jury. a slow process at best:
then, as a rule. the case would drag
along for a term or two of court before
called for trial, then, If it We're found
/ that the county attorney had failed to
meet the technical requirements in the
indictment it was set aside and the
jury. If another Indictment was found
and the case was finally tried and the
defendant found guilty, he had several
months in which to have motion for
new trial disposed of. then he lad
year in which to appeal, and several
months more to prepare and present
his case to the supreme court. If the
Judgment was affirmed there then he
had sixty days in which to file petit
ton for rehearing. and several more
months in which to present it, and
finally the judgment below may be r.
versed because of some trifiing error
in the court below, and the case go
back to the lower court to go through
the same long, weary course or be dis
missed.
4 | have in mind now case that
came under my own observation. Two
young men forged and uttered
check The county attorney OF the
cslnty was bright young fellow. just
out of school He presented the case
to the grand jury, an indictment was
voted and returned in court; two
terms later the case came on in dis
tict court. demurrer to the Indictment
the indictment failed to charge .nat
he boys knew the check was forged
ilstrument. The demurrer was sus-
timed, the indictment set aside, and
tie boys held over to the next or nd
jury, at which another Indictment was
found and returned into court, and a
tarm or two later the case came on
rain for trial.
A jury was impaneled, a witness
worm, and when the first question was
mt to the witness defendants counsel
objected and urged as reason for his
objection that the second Indictment
filled to charge that the boys knew
the check was a forged instrument
and sure enough, the county attorney
r in drawing his indictment had simpl,
, charged that the boys knowingly. ut
tered the forged instrument. The couri
sustained the objection. the jury was
discharged the indictment set aside
f and the boys held over again until thu
: next grand jury A third indictmen
/, was returned. and after two or three
/ terms of court the case came on agail
i, for trial. when defendants counsel o.
jected TO further proceedings, urgin'
l0aC one trial Hdu dlledus pCCli iieiu
e and that they could not be twic
: tried for the same offense. This OF
t lection was sustained by the court an,
the boys We're discharged, although
their guilty was without question a
most from the beginning and the cour
ty had been put to hundreds OF do
lars of expense.
s Just such things as this are goin
l. on in our criminal courtc every day
d and court expenses are steadily IL
r creasing. Excuse for tolerating such
, system UP to this time may be foua
in the fact that we have been bus
. with other important matters but just
t fication for it's continuance can onl
2 be urged upon the theory that swii
$ and certain punishment IS no longe
n necessary for the prevention of crime
n and that the interest of the tax pave
n is no longer matter Of concern to tn
legislature.