Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-11-09
Outside Point of View.

Here i. Iowa OF late years we have
many cases before our courts, in which
! the guilt OF The accused was a matter
! oc common knowledge, and in one ca Sc
in particular, where a confession was
on record as a part OF the proceedings
OF the trial. and yet such case dragged
along for several years and finally vas
settled by the accused getting a less
punishment than the indictment call
ed for. In Golfers OF October 22nd We
are told that What ;s considered by
Ohio lawyers q remarkable precedent
mas been established by the supreme
court OF the state in the case Of Good
love VS. the state recently decided.
James F GoodloYe was charged with
the murder OF "one Percy S,uckey,
alias Frank Mccormick" After Good
! loves trial and conviction il was dis
covered lha, while the evidence prov
ed the killing Of Frank Mccormick"
by the defendant Goodlove i, failed to
| show that the correct name OF the de-
ceased was Percy Stuckey" The
omission was mere oversight on the
part Of The prosecutor. 10 which his
attention had been called during the
trial. There Is a section of the Ohio
code which provides that "a variance
il the Christian or surname. or both
the Christian and surname. or other de-
scription. Of any person therein Chat
! is, In the indictm ent) named or de-
scribed shall not be deemed ground for
! an acquit,al Of the defendant unless
! the court before which the trial is had
! find that such variance is material to
the merits Of the case. or may be preju-
dcial . me defendant. The supreme
court of Ohio reversed the judgment Of
the trial court and the judgment OF the
circuit court against the defendant, and
decided thar this variance was fatal.
/ Lawyers disagree about this decision
! itself. but the action OF the supreme
court that mas shocked the bar and
public of Ohio was the discharge Of the
+ prisoner without renlanding the case
for another trial Was there any pecul-
lar reason for this act?
At the meeting Of the bar associa-
ton in st. Paul last summer this same
question Of ,echnicality defeating jus
| tice was under discussion. The same
! point was brought IN Marshaltown
when our state association held it's
regular meeting. Golfers say. further
the army OF judicial and legal reform :
| e!S is moving Slowly Dut surely On Ihe
ancient entrenched technica lily The
Ohio supreme court has recently turn
ed another alleged murderer loose on a
technically. but Wisconsin's excellent
supreme court has joined the ranks OF
! the reformers. The State Bar Asso-
| citation Of Illinois is aroused Always 1t
has been the rule that before YOU could
put a prisoner on trial, you must first
ask him whether he Is guilty or not,
| and he must say yes" or no" II
made no difference that he hired law
yer and went thru other forms Of inno-
ceDce in the attempt to defend him
seif-he must be asked and he must
answer. For many years II was the
rule in Wisconsin that Il the prisoner
had not been asked before trial II he
was guilty. end he was found guilty
the omission Of the prisoner 20 say he
was not guilty. tho twelve men later
found him builty. was fatal. and new
trial was granted:
Tho ancient doctrine" says the
court, ''tfat the accused could waive
nothing was ::.suestinnat,ly founded
upon the anxiety or Inc courts ~ soc
that no innocent man should bs con
viotsd, II arosa In those days wher
tbs accused could not testify In hil
own behaif. was not furnished counsel
SD was punished. II convicted. by thu
death penalty. o. some other xrievoui