Rensselaer Republican, Volume 14, Number 10, Rensselaer, Jasper County, 24 November 1881 — How the Courts Encourage Criminals. [ARTICLE]

How the Courts Encourage Criminals.

San Francisco Call. A couple of cattle thieves at San Jose were convicted in 1876 and sentenced to five years’ in San Quentin. In writing out the verdict a juryman improperly spelled the word defendants. The document read; "We find the defendances guilty.” On this quibble the case of one of the thieves was appealed to the Supreme Court. After a long pondering on the weighty subject, that august tribunal has just decided in thief’s favor. The case is one of no striking importance, save that It illustrates what is constantly occurring in our courts. The law no longer inquires: '‘ls the man a thief? Is he a swindler? Is he a murderer? Did he actually commit the crime he is charged with?” On the eontrary it turns its large magnifying glass on the case and practically says: “Is there any p issible technicality by means of which this worthless scoundrel can be shielded from punishment? L there is, we want to find it.” The law seeks to exclude from the jury-box men who read the daily papers and are wide awake and intelligent, and, in the case uuder discussion, nullifies a verdict because, naturally enough, a juryman is too ignorant to spell correctly. A thitf is turned loose, not because he is innocent, but because a juryman proves to be ignorant. The juryman was really on trial, at great expense to the public, instead of the thief. The investigation was one concerning orthography and not cattle-stealing, as was erroneously supposed. And this is what they call law in California —an article that costs taxpayersand litigants vast suras of money annually. Our courts have become arenas in which technical esthetes assemble to split hairs, strain at legal gnats and save the guilty from punishment.