The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1916-04-28

be likely to be sent to Fort Leaven
worth. If a man stole the same guam
ltity of stamps from private store
| he would be likely to be. taken be-
| fore the state court, and if convicted
would probably be sent to the state
prison at saltwater. There was nc
essential difference in the crimes, vet
the procedure of the law and the pun
ishment was widely different.
| He called attention 20 the fact that
the law required advertisements, PAID
for by the county, to be inserted into
the newspapers fer the county print
ling. 1t was wholly unnecessary thus
| to advertise the fact that bids were
going to be received, for the news
paper people, who did the printing,
knew all about it anyhow.
He spoke of the fact that before
letters of administration were grant
ed by the probate court, in the case
of an estate of deceased person, the
law required published notice for
three successive weeks. But in the
case of the appointment of guardian,
there was no such notice required.
Ditch Matters Referred To.
Speaking of the two different
methods of providing for the bitches,
the county ditch method and the
judicial ditch method, Judge Hughes
remarked that while the court, in
passing on the necessity and pro-
priety of a ditch, took into considera
ton the question whether the bene-
fits were greater than the estimated
cost, the county auditor afterwards
could let the contract at thirty per
cent higher than the estimated cost .
City Attorney Phillips made the
point that it would not be wise to
break off too radically from preced-
ent. 1t was only because the courts
followed precedent pretty closely that
lawyers were able to advise their
clients as intelligently as they did.
DR.. ]. A. Hancock spoke of the old
proverb that it was better to let
ninety nine guilty people escape than
to have one innocent person punished.
He thought that had been carried too
far Too many guilty people were
getting away, and he thought it might
be well to inculcate the sentiment
that it was better to take chance on
Furnishing an innocent person once in
a while, in the cause of general just
ice, rather than let so many real
criminals get away. He spoke of the
Harry Thaw case as a fragrant mis-
carriage of justice.
Gnent Expert Witnesses.
DR.. j. w. Andrews said he had
long believed that expert witnesses,
called TO testify in personal injury
suit. might better be selected by the
court than brought in by the oppos-
ing sides. He said when he was elect
ed to the state legislature, he thought
he at last had chance of getting a
law on the statute books that would
provide for this method But the at
torney general told him that such a
law would be unconstitutional. The
injured man could not be prevented
from bringing expert testimony on
his own behalf
The doctor said there was a great
evil in the attitude Of great many
of the ordinary jurors in regard to
personal injury cases. Too many
jurors merely thought that here wa
poor fellow who had nothing and
the other side had money and could
pay, and such juror would decide on
that ground and not pay much atten-
ton to the merits of the case itself.
Dr.. Andrews also spoke of the fact
that the people were beginning to find
out that physicians were largely in
sured against loss from malpractice
suits. This had tendency to induce
the jurors TO render verdicts against
the physicians, thinking that the
doctors themselves do not have to
pay the money anyhow, and the real
loss falls on rich, foreign corpora
ton, which can well enough afford to
pay.
The doctor took d rap at a certain
class OF medical witnesses. He said
he himself on the stand always made
it point to say nothing that he would
not say before medical society But
he had known some doctors to make
on the stand statements that they
would be ashamed to make in the
presence OF body of physicians.
The Ambulance Chasing.
Another great evil to which the
doctor called attention was that OF
ambulance Chasing. 1--WE can hardly
get a person in the hospital" he said,
but there is somebody there from
st. Paul or Minneapolis trying to
work up case"
The question was asked whether
the English courts were more efficient
than the American. Editor Charles
Elliott said he thought not, judging
from English fiction. Judge Hughes
remarked that the English method in
criminal cases was quite summary.
w. d. Willard remarked that wit
nesses were too often coached by
lawyers. They felt that they must
stand by those who called them, in
stead Of giving a fair and truthful
statement of what they knew. Per-
jury was too much winked at and
was often encouraged by the lawyers
themselves.
Speaking of the matter of expert
witnesses, Mr.. Willard remarked that
even though the two sides could not
be kept from bringing in their experts
some plan might be devised for bring
ing in impartial experts, whose state
ments would have more effect on the
jury than the statements by experts
! H. L L -.