St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1911-04-12

the Indictment should state that
the offense was committed against
the peace and dignity of the state
a proposition that seems to be suf1-
GENTLY self-evident; but unfortunate
ly the official to whom was entrust-
ed the job of drafting the indict-
ment omitted the word the MAX
ing the phrase read against the
peace and dignity of the state That
settled it. The appellate tribunal
directed new trial with the pleas
ing result that the convicted murder
er ultimately went scot free"
In a series of editorials on MAT
ionalism and Progress by Ex-Presi-
dent Roosevelt now appearing in the
Outlook and which, by the way are
among the strongest and most cOgent
that have ever issued from his pen,
there is a discussion of National
ism and the Judiciary" which in
cludes a treatment of the relation of
the courts to the people. Speaking
of the extent to which the courts
have permitted technicalities to
govern in the decision of criminal
cases, Mr. Roosevelt says:
"Plenty of poor men who are
criminals of the worst type escape
punishment because of technicalities,
just as plenty of rich men do. A
long list of such instances could be
produced, list which I think it
would be impossible to read without
feeling of very deep Indignation.
Such a list would include a recent
decision in one state under which a
murderer was turned loose because
he had been convicted under an
alias, or without giving his alias. In
a recent decision in another state
new trial was ordered because the
prisoner was convicted under an in
dictment which charged him with
stealing hides, and did not specify
whether they were cow, mule, or
sheep hides. Another instance was
perhaps the most striking of all. Two
pianolas had been stolen. The in
dictment described them as pianos
and because of this a new trial was
ordered. On the next trial experts
convinced the court that pianos and
pianolas were the same thing;
whereupon the court discharged the
prisoner on the ground that he could
not be tried twice for the same
offense!"
AS an indication that this evil is
coming in for apprehension, the writ
er quotes with approval the follow
ing opinion rendered by the Supreme
court of Oklahoma in refusing to
grant a new trial because a useless
word had been omitted from an in
dictment:
Nov that our criminal jurispru-
dence is in it's formative period, we
are determined to do all in our power
to place it upon a broad and sure
foundation of reason and justice, so
that the innocent may find it to be a
refuge for defense and protection and
IA 10 annuiPfn6
taught that it is an exceedingly seri-
Gus and dangerous thing to violate
the laws of the state, whether they
be rich and influential or poor and
friendless. If we place our
criminal Jurisprudence upon tech
meal basis, it will become the luxury
of the rich, who can always hire able
and skillfu1 lawyers to invoke tech
nicalities in their behalf. We
confess to a want of respect for pre-
cedents which were found in the
rubbish heap of Noah's Ark, and
which have outlived their usefulness
if they ever had any,"
The step toward reform which the
bill enacted by the last congress ac-
complishes, as far as the federal
courts are concerned, is gratifying.
It has been urged by President Taft,
whose familiarity with matters judi
cial renders his opinion on such
questions authoritative.
1t remains for the several states,
that have not already done SO, to
apply the principal embodied in this
federal statute to court procedure in
state cases, one of the benefcent re-
suits of which would be to remove a
present ground for criticism of the
judiciary and establish more firmly
the public respect for law.-IThe
Enosburg Standard.