The mirror. (Stillwater, Minn.) 1894-1925, 1914-03-12

ing men charged with crime is becoming
Ii steadily stronger all over the land; and it
will only be short time until the man
without money may reasonably expect
and receive much consideration and as
able legal representation as the fellow
with his pockets lined with the coin of
the realm.
One of the longest and most impor-
tant steps toward assured justice was re-
Gently taken by the people of Los Angeles
county, California, when, in adopting
their new charter, they provided for, and created
the office of public defender, to be regularly cho-
sen IN the same manner and at the same time
as the public prosecutor and receive exactly the
salary from the public treasury as the prose-
cutor now does
1t will be the duty of the public defender to
assume charge of the defense of all criminal cases.
and to diligently use every legitimate means to
present the facts and circumstances surrounding
the crime of which the defendant is accused. He
will work as assiduousy for the acquittal of the
defendant as the prosecutor does for his con-
victlOn; so that hereafter when case goes to a
Los Angeles jury, it will no longer be necessary
for complaint to be made by the defendant that
he has been railrOaded without chance to show
his innocence or the extenuating circumstances
which have surrounded his CASE
Prior to the adoption of this public defender
plan in Los Angeles, there was a general cry
raised against it in certain quarters. Those good
people who have misinterpreted Biblical teachings
and have to lamentable degree dsregareed the
scriptural admoniton, "Lhe aoho ,ohout sin cast
the first stone,'' and who thrive on the notoriety
gained through their activity in trying to send
fellowmen TO prison. were loud in their criticism
of the proposed change, as was to be expected
Quoting of them: It is almost paradoxical
to maintain public officer charged with the de-
feat of the endeavors of the district attorney in
the prosecution of crime;" and another said: 1T
is questionable that the prosecution of persons
charged with crime would finally resolve itself in
to battle royal between two public officials, one
intent upon conviction, and the other upon acquit-
tai, with the result that the guilty would escape
punishment"
Replying to these objections Hon. r. S. Gray
in a we'll written article appearing in the Journal
of Law and Criminology, says:
''Why should battle between two public officials
one intent upon conviction, the other upon acqutal
be more likely to result that the guilty would es-
cape punishment, than if the defendant repre-
sened by counsel of his choosing, and which he
would pay well to get him off?
eff the defendant represented by incompe-
tent counsel, the conviction would be abhorrent to
every sense of Justice.
SIN both civil and criminal proceedings the one
SINGLE soe admissible purpose of trial to get
at the truth 1t would that a public defender
such provided for by the charter of the county
OF Los Angeles, would be more apt to bring about
cooperation in the efforts to get at the truth
fight between public prosecutor and more or less
competent but not public defender
The people of Los Angeles are we'll satisfied
with this particular provision of their new charter
1t works we'll, and the wheels of the courts are
grinding more uniformity and smoothly. Men
charged with crime, and who are without means
to employ counsel are we'll taken care of legally
as the state is. The defender fights the prosecu-
tor with his own fire, and one is as enthusiastic
ally bent upon success of his case as the other
with the result, said BEFORE the true facts are
cut wide open and laid before the court where they
belong.
Too long has the prosecutor been the dominant
feature of our criminal courts-too long have his
dictations swayed biased decisions to the detr-
ment of the accused. Through daily contact, the
defender will be just close to the bench as
the prosecutor and the fact that he also represents
the state WILL to great degree, dissipate the ten
dency OF some courts to favor the states represen
tative for the prosecution whenever and wherever
possible.
The people have grown weary of sending men
to prison on aimsy manufactured accusations
They have about decided to stop the building of
immense pententiaries and devote little more at
tention to the saving of the man. They have