The Washington times., 1926-08-26
With the
IAlibi Artists.
la Cross Section of the
Daily Grind in Judge
McMahOn's Court.
Read EN- and Weep
According to Hoyle

During the last four years we
have heard the trials of some
thing like 1000 automobile COLI
sion cases; we have written the
testimony down, right off the bat
Just as it came from the lips or
the witnesses; we have studied
the notes carefully, with the IDEA
OF writing up the more spectacu-
lar or instructive cases; we nave
witnessed some 20 or more accl.
dents, and later heard them tried
and argued in court; In that time
we have ridden some $4,000 miles
through Washington streets; we
claim to be not more than, twice
a. dumb as the ordinary know-it-
all, and accordingly we believe
that we are entitled to say-so on
Assistant Corporation Counsel
.Fowler's new policy OF holding
both parties Of a collision for trial
IA place OF the old arrangement
of giving justice only half
chance by letting one Of the par
Elephants go without action by the
court.
objection to the new plan ap-
parentiy is based on the ground
that. as a rule, only one OF the
parties can be. held blameworthy,
and it is accordingly unjust to
put the other one to the trouble
and inconvenience Of standing
trial.
Under Mr.. Fowler's plan, no
extra trouble or Inconvenience
occurs to anyone. Either way, at
least two visits to the court house
are necessary-one for the pre-
liminary hearing in the Corpo-
rations Counsel's office the other
for trial in Traffic Court. Ac-
cording to the old arrangement,
one party appears in Traffic
Court as defendant, the other as
witness. But both must appear.
MIR. Fowler would bring both
PARTIES into court on equal terms,
as defendants, instead or select
Ing one to appear as goat, recon-
mended to the court as probably
guilty-a direct violation or our
American system of law, which
holds the defendant presumably
innocent.
The old system says Here they
are, your honor. They're botn
presumed to be innocent, but II
either of them is guilty, and one
of them must be, it's this one.
There isn't another case in Amer
lean Jurisprudence, from impeach-
ing a President OF the United
States to filming a tramp $l.5O
for saving damn" in pubic,
where the defendant faces the
court on such unfair terms as
he does in collision trials in the
District.
More than that, or perhaps be-
cause of that, the one goat sys-
tenn reduces the chance or pun
ishing guilty drivers-and THAT'S
. poor thing to do when so many
of them are getting away with
Time and again we've heard
the court say Case dismissed
II seems to the court aat the
wrong party was heidi. And
the guilty party walks. with
grin on his face, and there is no
practicable way OF bringing him
TO Justice. For that could be
done only by arresting him on
warrant, bringing him back 10
court, summoning all the wit
nesses, and holding the trial over
again.
Mr.. Fowler's plan makes both
parties appear as defendants, 50
that one trial will be enough In
case a slip has been Enade in the
Corporation Couns..ls office. The
office is cranmed to the ceiling,
with work, and slips are bound
r. occur
The new procedure says both
parties are presumably innocent,
but If either of 'em is guilty,
we've got the mans for holding
him"
As a firm believer IN Ameri-