Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-02-06
character above reproach. is fit to sit

character above reproach, IL MT TO Sit
in Judgment on his fellow-men.
The method of drawing Jurors might
also be improved. Perhaps 1t might
be a good plan to have the judges
draw up the lists for jury service and
then subject such lists to the grand
jury for approval.
Provision should be made for the
better treatment Of witnesses, espe-
cially in criminal cases. 1t is gross
injustice that innocent persons should
be subjected to imprisonment in the
common jails simply because they hap
pen to be important witnesses in fu-
ture trials. The story called THE ST.
lent Witness" McClure's for January,
1896, contains a vivid Illustration Of
what may happen to a witness under
our present law. A young man from
the country was passing the door of
a saloon in New York when a crowd
of men came pouring out, surrounding
two men who were fighting. AS they
reached the pavement one Of these
men drew a revolver and shot the
other. The crowd scattered. The
seeing the criminal about
to escape, grasped and held him until
the police arrived. They not only ar
rested the murderer but took the coun-
tryman into custody also as the only
obtainable witness Of the crime. He
was put in jail and kept there in or
la 20 10 nf ne
the trial, and during the long months
before the case came into court the
disgrace and confinement 80 wore up
on him that when at last the trial came
on II was found that the witness had
died In prison. This Is an extreme case
of course, but II forcibly illustrates
the deep injustice of any system Of
laws which will permit the imprison-
ment Of innocent persons who may
be wanted as witnesses In the state 8
behalf.
If witness cannot be trusted to ap-
pear when a case comes on for trial
it might be right to shadow him with
q detective in order to be sure that he
stays within reach Of the court. II
witness fails to appear when ordered
by the court to do so. 1t is proper then
to subject him to Imprisonment as
punishment for contempt. But to de-
prive q witness Of his liberty and to
keep him for weeks and months to-
gether from attending to his business
without any remuneration for his loss
of time and liberty, or the ignominy
of Imprisonment, Is clearly crime
committed in the name Of the law.
Reasonable redress should be in
sured by the law to persons falsely
accused. In civil cases an action lies
for damages for malicious prosecu-
ton, but in criminal cases the state
may prosecute the wrong person, hold
him In prison for months, or even
years, destroy his income, ruin his
business and cover his name with ig-
nominy, and the man has no redress.
This Ia an outrage Of which no legal
system should be guilty.
Expense and delays in securing JUS
tice should be abolished. Free and
every citizen. Many. times the cost
of litigation compels an injured party
to endure wrong rather than incur the
loss and inconvenience involved In
prosecution. Cases are on record
where men have spent fortunes in try
ing to protect their rights In the courts
and, through numerous appeals and
long delays and the excessive cost OF
legal proceedings have been COM
dl idolp lhO Chhduoeioh
of their resources, to abandon the ef-
fort to protect their rights, losing In
the legal battle both their fortunes
and the rights they sought to protect.
Such, for example, was the experience
of the man who discovered the new
process for refining oil. The oil trust
people stole his invention and fought
him through court after court until
his means were all exhausted and he
lost both property and invention. The
man who invented the railroad spike,
It is said, was worth $4,000. But the
railroads used his invention without
Acknowledgement. He prosecuted them.
They fought the suits through court
after court until his money was gone
and justice beyond his reach. Such
system makes the attainment Of jug
tice in many cases, matter Of COM
bat little better than the methods by
which our barbarian ancestors set
tied their disputes; the difference be-
ing simply that they fought outdoors
with their swords, while we fight In
the courts with purses. II the state
Is to protect the rights Of its citizens
1t must see to It that the administra-
ton of law Is made so swift and sure
and costless to the plaintiff who mas
well-grounded case that the resort
to the courts for legal redress may
cease to be a greater evil than suffer-
ing the injury which forms the subject
of the omplaint.-Frank Parsons In
his book, Legal Doctrine and Social
Progress" published by B. w. Heubsch.