The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-03
KANSAS COMAENT
TECHNICAILTIES.


one indictment against Augustus
He1nze, the New York banker, was
quashed a few days ago. It seems that
in examining witnesses before the
grand jury, lawyer had the assist
ance of an expert accountant. AS the
matter under investigation had refer
ence to the bank books, and was ex-
tremely complicated, an outsider would
suppose that the lawyer was wise in
having somebody present to advise him
and to suggest questions.
1t seemed a natural proceeding at the
time, and no protest was made against
It, Lawyers call in alienists in insanity
cases, and experts are always testifying
in the courts.
Since the object of a grand jury in
vesdgation is to get at the facts, and
discover evidence, the idea of intro
duclng experts seems entirely proper.
But the eminent jurist who quashed
the Heinze Indictment found that the
introduction of an expert accountant
before grand jury was contrary to the
provisions of the common law, or the
uncommon law. 1t was a direct slam ct
the pa1lad1ums and sweet boonS OF our
liberty. And SO he landed on that in
dictment with both feet, and quashed
the stuffng out of it.
His action was a great encourage
ment to the attorneys for the various
distinguished rascals who are in jail or
on tie way there. 1t furnishes new
and admirable loophole. through which
a good many may escape before 1t is
plugged. The attorney for Banker
Morse at once became busy, and an
nounced that the indictment against
that martyr was as faulty as the one
against Heinze, and he is going to have
II Quashed If possible. There will be
general overhauling of indictments dur
Ing the next few weeks, and mad rush
in the direction of the new loophole.
which will assume the general appear
ance of a Grand Exit.
1t is rather discouraging, to be sure,
but let us not give way to idle grief. 1t
has been demonstrated upon seveal &C.
casions that the rich rascals can be
convicted and sent to prison, and the
good work will go on. 1t is good
thing to have the loopholes pointed ou1,
so that they may be plugged. Every
time loophole is plugged, it becomes
a while they will all be plugged, and
then the opulent pirate will be as sure
of his punishment as is the OBJ
scure and penniless malefactor who
picks a pocket or assaults policeman.
-Emporia Gazette.
A NEW RECORD. n
blooming Chicago damsei was
married on New Years day, and ev-
erybody wished her happy and pros
porous career. The Gazette would
have done the same, but for the fact
that it was busy framing new resolu-
tions, which have since been busted.
On the tenth of January she ap
peared in court and applied for di-
vorce. Had the judge been the right
kind of sport he'd have hurried
things along, so that she might have
had her decree on the eleventh, but
it is believed that she will get it be-
fore the month ends.
Even as it is, the girl made a rec
ord for speed.
The daV after she was married she
and her husband had quarrel. The
next day he resorted to cruel and I'M
usual punishment. That night she
had to sleep on the floor, and caught
day she took poison, and was removed
to a hospital; while she was lying
there her husband visited her, but
only to take the rings from her fin
gers and make his getaway.
As soon as she was able to leave
the hospital she went to lawyer and
began proceedings for a divorce-the
whole business occurring within ten
days. The newspapers are discussing
the matter with much unseem.. lew
ity, for it is reall tragic, rather than
funny.
The story comes at the proper time
to lend emphasis to the argument of
a distinguished educator at the Kan
sas university, who holds that people
should not be permitted to marry I'M
tablished by an official investigation.
The Gazette has been suggesting
something of the kind for long time.
So long as all kinds of badly assorted
people are permitted to marry, with
out obstacles of any kind, so long
will the divorce court grind away at
scandalouS rate. In such a case
as that related above, the unfortunate
bride Is surely entitled to a divorce
without delay. She married a brute,
probably without knowing it; but the
fact that he was a brute must have
been known to others, and some little
investigation would have revealed it.
-Emporia Gazette.