The Washington times., 1926-07-19
WAN CAST:
COST Us.
S150,000
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Continued from First PageJ
Aor. IL IL estimated that their fees,
together with trial costs and services
of investigators and experts, woult
have cost the defendant from . guar.
Ter to q MALT million dollars.
The Gift OF these services has con.
mtituted one OF the high lights in an
otherwise dark picture Of American
Justice, and cheers the heart when
one In otherwise forced to doubt
whether there ID either justice or
mercy in our courts.
Tor although these courts declare
themselves obligated 60 prove DO
PENDANT guilty, otherwise he Is limo
cent. Vans simple and literal accept
:ance OF this principle during these
irast years seems almost naive. De-
cure In his innocence, he rested IN
che certainty that they could not
prove him guilty.
Hencs his impotent disnay at find
ing through the experience OF his
three trials that In spite OF thi4
ayowed principle Of our courts OF
Justice. he remained behind bars for
more than seven years under circuna-
stances FAR worse than If he had been
guilty and had been given . peniten.
fiary sentence. All this, not because
the Government had proved him
guilty. but because he had not proved
himself innocent.
Travesty On Justice
That such an anomalous situation
can exist is q travesty on justice anu
is convincing proof Of an illogical
fapse in our criminal procedure which
deserves constructive thought and
The difficulties that confront at
3orneys attempting to defend such
a case are unbelievable. The "cards
are stacked" SO to speak, against
the accused from the start. All the
evidence is in the hands OF the
Government and it may be con-
Ceh1ed. 'sIost,'' distorted, perjured, or
withheld, according to the integrity,
the within, the desire for a convic-
ton, the indifference, or any other
Actuating motive of the Govern
anent's representatives.
A case such as this is conclusive
argument for the need OF q public
defender, paid the same salary and
on an equal status with the prose
cutting attorney and with equal &C
cess to the records, the testimony
and the evidence. Otherwise the
facts IN such case and the limo
cence or guilt Of the accused are
nullified from the start.
The case becomes q game OF legal
strategy and juggling. And the
verdict. no matter whether for or
against, has been built on founda.
ton Of injustice because, instead NJ
being based on the facts Of guilt o
svsA De nh o.
through clever manipulation OF
points of law and through legal
Gechniealities.
wan Case an Example
The WAN case" is a perfect ex.
ample of the evils of the present
system, including third degree
methods, abuse of circumstantial
evidence and needless delays Of the
law.
In the actual trials VANS law.
yers were denied access to ti,e
records, to the testimony Of former
trials, and to the evidence common.
~ termed Exhibits" To be sure,
Wan could have had copies made
OF the past testimony, IL he had the
hundreds of, dollars 1t would have
cost to obtain them. But it was
estimated that the second trial
records alone would have cost about
$1,400, and this he was unable "a
pay.
The Exhibits" were and evidentl,
would have been withheld undei
all circumstances. During the las
trial, when the defense dmandet
certain evidence which would hav,
practically exonerated the accused
it developed, according to admis
sions by the Government, that mos
important parts of 1t were de
stroyed, lost" or hopelessiy burie,
in the convenient ''forgetteries" o
the police department.
With a public defender, such ser
ious complications could be avoidei
and an accused person would hRv
q far greater chance for justic
than under the present system.
Wan to Tell Story
As the matter now stands, thongI
the Government has at last dis
missed the case, the public has no
vet been made acquainted with tn
facts. These facts, although ar
parently impossible to bring out 4
g. court OF law in accordance wit
s'rliles of evidence yet deman
publication as they. constitut
VANS statement of the facts hithel
to unpublished.
Though every well-born Chinese 1
reluctant and reticent as to pul
licity and self-revelation. Zian
Sung Wan has been induced |
break his seyen.year silence and to
his own story.