The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-04-30
THE FAULT OF THE LAW

/ After following closely the facts in
! the case of Thomas Davis, alias
| Wright, who last November shot
down negro cook. Oscar Colwell,
in the kitchen of the Club restaurant
after having sat upon the coroner's
| jury, and there having listened to the
straightforward testimony of the
/ few witnesses in the case, untamper-
ed with and unbiased; then having
listened to the masterful prosecution
of the case in the district court by
District Attorney Quicker, pitted
against, skilful and well arranged de-
| Tense, defense which to one acquaint-
ed with all the facts, shows the ear
marks of Encouragement, with its
improbabiity as plain as day and
then having finally seen those patent
facts of guilt, backed by the excellent
/ prosecution of the case, fade like
chaff before the wind in the minds of
the jurors, We can understand how
it is that under our system of crimi-
nal procedure, crime goes unavenged
and the law breakers walk up and
down our country unpublished.
We do not intend here to make
harsh criticism of this case as was
done in the case of Patsy Dwyer, who
was acquitted of a terrible murder by
a jury of Elko county citizens. We
could not understand how it was that
twelve men sworn to act in &C
cordance with the law and evidence
could acquit Patsy Dwyer. We can in
measure now understand how 1t
haY nx1yu aqnt1ifa in
this understanding, 1t seems that it
is not the fault of the Jurors, but of
the systems of criminal procedure
and the wide latitude given by the
law for the protection of the criminal
Better that twelve guilty men should
go unpublished than one not guilty
should suffer, is the theory Of the
law, and in the working out of the
theory twelve men out OF twenty es-
cape the penalties for their crimes.
We are not posing as higher
court, setting upon the case of
Thomas Davis. He has been acquit-
ed, and the curtain has rung down,
leaving him to make his exit from
the stage free man. Personally, we
are glad that Davis. as fellow man,
has been released from custody, that
for him there will be no hangman's
knot, nor the long hours of suspense
and prison confinement. To feel
otherwise would be inhuman. We do
feel, however in this case that there
has been given a dangerous inter-
probation of the laws which have
been made for the protection of life
and liberty.
The criminal lawyer, defending a
man accused of crime, is not at fault
for using all the technicalities which
the law allows to save his clint from
the punishment for his crime. His
business is to protect crime, and even
though he knows that his client is
guilty, he stands within the honor OF
his profession to use every effort to
have him freed and his guilt washed
away On the other hand the prose-
cutting attorney, the attorney for the
people, is not at fault for the crime
unpublished, when to secure punish
ment is impossible under the law.
1t was an impossibility to secure a
conviction in the Thaw case. The
brightest lawyers on the continent
labored for a conviction and they
failed If there had been four score
lawyers prosecuting the case the
result would have been the same,
for the end was evident. The law
is all on the side of the accused. the
sentiment and feeling is for the liv-
| ing and not for the dead
II was an impossibility to secure a
conviction in the Davis case. Listen
/ ing TO the prosecution OF this case.
and to the finishing touches, in the
masterful plea to the jury for con-
yiction we could not understand how
/ the verdict could be otherwise than
/ for conviction, but now. after the end
has been announced, and in a last
analysis of the case, the futility of
the efforts OF the prosecution be-
comes evident Whatever the extent
of the unpopularity OF the verdict in
this case. all are agreed on the
meritorious character OF the prosecu-
ton. All that could be done for the
people was done, and the fight was
all the more glorious for it was for
lost cause. The trial has proven
the ability of the district attorney
and the fortunate position of Hum
boldt county in having such a man
In that Silver State News.
Detectives are guarding the home
of Theodore l.. Hoolbrook, of Wash
! ington, ID. c., president of a park