The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-19
ENQUIRER.
RICHMOND, MARCH 10, 1905.

1t is one of the facred privileges OF the accu-
fed TO have " fpeedy and public trial, before
an impartial Jury" That this privilege fhould
have its complete effect, it muft not be confined
to the law only or to its minifters; it mutt OBJ
tain the refpe6t and obedience of every man of
influence in the community. OF what avail
would it be to the accufed, that the conitituti-
on of his country had recognized this privilege !;
or even if the ffatute book had attempted TO
give it all its efficacy, by providing an enlight-
ened bench and an impartial jury TO Ultimate
his offences; if when h was put to the bar, his
Judges had completely prejudged his crimes,
and if the minds o. his jury had been prejud-
ced by any ex-parte itatement of his cafe, or by
any unfavorable commentaries widely circula-
ted and generally believed, which might turn
out at ldit TO be completely wanting both in law
and juftice? Or what chance could the focie-
ty enjoy Of feeling the mott fragrant violation of
its laws alailed by its appropriate punilhment,
if garbed fatements and abfurd commentaries
were widely circulated and generally believed,
which without having any foundation in truth,
might be calculated to acqu;t the offender Of
the fact or eXtenuate the atrocity OF his often.
ces? From every member of the community
therefore whether he be fitting as iuryman at
the time of the trial. or whether he be deliver
ing his private opinions 'ere the opening of the
profecution, the accufed & the community have
each right to expect that he ihould ufe eve
ry exertion to obtain A clear and satisfactory
fatement of the facts that he lhoud make up
his opinion on the bearings Of thefe facts with
out favor or prepofeflion and that in commu-
nicating his opinions to others he fhould tranE-
fer the very imprefiion TO their minds, which
exits on his own He fhould fate no fact
without connecting it with all the cir
cumfances which originally accompanied it (;
he Ihould be cautious how be made a common
tary upon them, without fuppertiDg it by all
the reafons which decided his own undertand-
ing. IF theft be the duties of every member of
the community, peculiarly are they binding up
on every conductor OF Il public paper, who
lhould attempt to "catch the manners living as
they rife" and who brings the criminal ere he
has been tried in court Of inRice, before the
tribunal of the public. The ftatemcnts and o.
pinions of fuch men, ~hen compared with
thOie of any other individual, are generally en-
titled to no higher reipeSt, and yet beCaufe they
| WELD an infrumeut Of atonifhing power, which
| preierves their ideas in more durable form
and which dilemiuates them over greater fur.
face of mind the individual opinions fometimcs
| of the WORT and weakeit men in the communi.
ty, are made to weigh the mott in the public
efimation they ferve to modify the concluf
ons of greater number Of minds, and to pro
ducc general prepo6efIion, which may not on
| y be at fri contrary to truth, but which MAY
afterwards prevent truth from re-a1erting hei
rights. Upon fuch men therefore how dcrec
is the obligation of touching upon the ftuatior
Of an accufed individual with the mott delcat,
circumfpe6tion Let public journalift be a
active as he pleafes in collecting all the teftimo
ny let him expatiate eventominutenefsupon al
its details; this is right which he not onl,
may, but which he ought TO exercife. But lie
him be fparing in his ftrieures and commenta
res lit is under this view Of the fibiea, tina
the following facts are fubmitted to the reader
and even they would never have been fubmitte
had they not been collected from very refpec
table gentleman, who was himfef a fpeStatol
at the examination before the maeiRrate. Jh
judgment of the reader will make its own cor
clu6ons.