Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1843-01-27
Improperly in the thing And some men arc SO
stupid upon the subject, as TO suppose, that If they

that tis Ia not somolinius done oAt 81 ,he pures,
motives, and simply 10 get Information from n
source to be relied upon But am npprehensve
il is generally il not universally, done by those
whe know better who wish TO make some i'm
preston in their favor, and who think there cnn
be nothing rery wrong in the court vr iur, knnw.
ing what pure-minded persons heV are apl who,
ptte, unprincipled men they lave to contend with
truly conscientious md delicate feeling ,nnn
would shrink from the mention or his rnse in the
presence OF any one, The most remotely connected
with lis decision, and would tie much Less likelv
TO be cNil and attentive 20 one, who was soon to
pass upon case o. nis than under ether circutn-
stances lest nc inight be injuriousy suspected Of
wrong motives. A man OF true do,irntc feelings
viii avoid the very "d2pearancs Of tpiL" 80
that when such attempts are lpade, we may safe
Iy concIndo there il something criminal in The
attempt, unless The perso is very much below
me common standard III ntriligcncc, nr speaks
inadvertently. Nlri, ,ln MT us,inly talk ot thrn
cases IN liG hruriuP ui Jurors without some IN
tehtion to make Il favorable impressions. This j.
usually Mt erp ct indirectly by somr friend ur
tsSls"h, NY 'JmUeddnX oir Of ih' jnr~cs TT
fnirncss pnd hCr t.V, end Cundcntirg he uhr,
iof want oi uo>" qualities, Ii, say ~ one o.
tue parties HFd every possible nrihrd ui soiiliug
The case 10y arbitration, ia any way --h hut n,
DINER doggediy AVID most INCREASINGLY rrluecd.--
Others seemingly more conscientious will con
clude The justice OF the case is with them, or their
court and jury 10 do right by lrslrucling them il
the merits OF The case before they come into court
that they may be sure to understand Now i i,
hardly necessary to say, that all such practices are
directly contrary TO law, and do subject the often
der to indictment; and if done during the term
OF court, the offender is liable To he fined and i'm
,pllsOned Tor contempt OF court, in n summary
way without Indictment, or trial before the tray
ersc-lury. IT should lie remembered, that eases
arc TO be tried in court-nut ont Of cnurt-by the
court and iury-not by the byslandcrs, or the
put lie opnon-by the evidence given in couri,
md the law-not by the character, or the conducl
OF the plrucs-not by hcrrsay-not by he knowl
edge OF the jurors bur simply by the law
aud the testimony. Hence no man can Justify
any attempt To influence Jury, by au assertion OF
The plain simple truth even, aud TO give none 9th
'er bui Il true verdict,
While this is The duty Of the citizens generally,
there is an additional obligation, in regard to the
Sniy nnd the officers of the court among whom
we include the members Of the bar, the clerk and
the sheriff and his officers This results partly
from their intimate connection with, and irnnedi
ate responsibility for The purity Of The ndnnslrl-
non Of justice but especially fr, m the OATH
which they all lake. This is implied in general
terms IN the usual Official oath, "to do equal right
and justice TO all men, to the hest o! your judg-
nlcn AMI ability, according to law But it is
more specifically expressed in the Jurors oath |
aud int of The Attorney. In The first case the
words are well and truly 10 try each and every
ISSUE and true lerdlct>, gvr--agrecah'y To the
evidence given in court, aud the laws of this slnte'
and, in the case OF the attorney, the words are
$40 do no wrong, nor consent that any be done ~ |
cortland 10 act wish all good fidelity, as well to !
the court, us to your client" So that truth and |
fidelity, fairness and good faith ought especially |
TO be cultivated in the hearing and intercourse OF !
The several officers, and different departments OF |
the court. And an attorney Of the court would |
hc bound to give information, if lie knew oil any
attempt, even by his own client, to influence n it,
~ out of court. sleriHs officer should do The |
same, and SHOULD guard with caution aga nst ex-
pressing amy opinion, even by looks or gestures, |
TO the ycrdicts, which jurics, under his charge,
should give And jurors cannot justify any at
tempt to influence their fellows, by relating facts
which come within their own knowledge even
either before the trial of case, during recesses
while it is oil trial, or on the consultation before
giving verdict. fthey know any thing npor-
tant 10 The determination Of the case they must
come into court and he examined, and thus give
ar opportunity for cross examination and argu
ment and for counter evidence TO lie introduced
If this is not done, cases might be decided upon
the assertion of juror in tie jury roon which,
had it been made in court, might lnve been ex.
p'ained on cross. examination, or coniradcted by
other evidence or fully answered in argument.
Any attempt Of this kind has long been look
cd upon with great and just adherence. MIR. JUS
tice Saunders IN reporting the case of King v.
OPie, referred TO in The extract l read you from
Russell on Grimes during the reign OF Charles IL
in England, sage he lad reported The case, not
because any matter of law was determined, but
that there might be on record n repro5aliun OF
" sdch bad PRACTICES rs an attempt 10 corrupt the
very fountains Of luslice-w hch IL worthy of Sc
we're punishment" And Lord Chief Justice Hale
who gave the opinion Of the court, and whose
praise has been in all lands, in all subsequent lime,
said he would not hear motion in arrest Of Iidg-
q pts mi oil hri tIipi |
writ of error, if they woulI but he would not
give any conntenancc to such an offence.
you perceive, lhen. gentlemen, that these things
are not of recent origin, nor ~ be found only a.
mong the refnemcnts Of modern days. Such
laws have stceA the tel Of experience for many
centuries, in country, whose Judicial institutions
have grown out of laborious refinement, large and
comprehensive experience and grent wisdom, and
upon which we are wont TO ilaler ourselves we
have somewhat improved, in regard to purity and
simplicity, at least These laws, too, were there
enforced with sricness and universal APPRECIATION,
in m aye not distinguished lor either the ausierily
of its virtues, or the unreasonable severity of It's
judicial administration 1t is the law of purify
and integrity, aud it is TO be hoped, gentlemen,
that no violations of it have occurred among us.
But if attempts have been or shall be made 10 in
fuence any one Improperly in regard TO the adj
minisralion oil just ice-w heiher to produce right
or ii wrong result whether by truth or lasehood
whether such attempts have succeeded, or shnll
succeed, orno-i trust you vii not fail 10 present
The Offenders. Should case OF clear and obyi-
Gus guilt, in this particular, come to Your khowl-
edgr, & The offender be properly punished, it might
tend 10 relieve jurors from the very great annoyance
OF hearing cases talked over out OF court, and al
monish innocent, but thoughtless men, 10 be more
circumspect upon the subject But, you will re.
member, gentlemen, in all your inquiries to study
wisely and rightly to discern, between truth and
error, belwoen innocence aud guilt SO shall your
works be your reward, and your consciences your
best Opproyers.
Louisiana !SeAat0r We learn from the N. o.
Bee of the I0tl inst. tina, Hon. Alexander Porter