The New York herald., 1845-04-12

support But II they forget their duty,we shall no,
| forget ours We shall at once direct gainst them
the rebuke Of those that made them. And with
'his sound and afiecionate admoni.ion, we dismiss
The new corporation for the present
JUDGE EDMoNps' CHARes-THE BEscH-THS
rRkss The public have, by this time, perused the
notable charge OF Judge Edmonds tosthe Jury, in
the case OF Polly Bodlne, as we took care to put q
very faithful report Of il in their hands in yester.
days Herald. II was looked forward to most ea-
gerly and anxiously; IL was talked of and specu
lated upon before word Of it was uttered, and al
the present moment forms subject of wide spread
discussion by the thousands and thousands who
were horriiied by The foul ard blasted deeds foi
which the prisoner was indicted, and which formed
the subject matter Of this now notorious charge.
The public are speaking out, and they cannot well
help 1t. Mn who have hitherto not sa much
between the prisoner Bodine and the people-but
who could not help thnking-are now profiting by
the example set by the Judge; they expressing
their honest feelings, and scrutinizlDg the evidence
and the charge most closely, and it is with con-
siderable pain that we are compelled TO record
the fact, that public opinion not only does not
respond TO, bur strongly dssents from the views OF
the Judge in his charge to the Jury.
And here, we will say, with franknss ss in no
manner impaired by this legal iuacl onary's attack
on the press, that it was with regret we heard him
assai the great bulk Of this community, as guilty
of popular clamor and thirst for blood it
was with surprise we heard his unmitgated
and most indiscreet, as well as unlounded at
tack on the public press; and while we now re-
cord our disappointment at the Eature and spirit of
the sentiments which found utterance from the
bench on this solemn occasion, we can attribute il
to one cause alone, and that is the indlseretion
and lack of sound judgment apparent throughout
the whole charge. His Honor is not even accurate
in averring that the press has excited popular feel
ing this case, and created prejudice against the
accused. Perhaps in no case of half the atrocty
of this one, has more reserved and dignified
course been pursued by the press, with few OBJ
scure exceptions, and certainly his recollection
must be far better than that of any else, if he
can recall any infraction Of propriety in publishing,
as is their duty, the particulars of the revolving
murder charged against the accused What then,
can justify this fierce attack on the press? We
answer, nothing and the difiicultylof finding an
excuse for him who pronounced that unbrided in
vective against the free expression Of opinion, is
only matched by that Of attrbuting it to any thing
but Some very extraordinary notions on the duties
as well as the reports Of that powerful instrument,
the newspaper press, that is and ought to be, ter
ror to evil doers, and the praise Of those who do
well-aye, and the undeterred and honest censor
of a weak or partial judge-if such parsonage ex-
lists in Alleghania, invested with authority from its
Supreme Court
We have alluded to the operation of some pecu.
liar notions as the most likely way to account for
oYtro vd mn ho hnfh
singular and eccentric, and, perhaps, slightly hete
redox in his views, and yet be honest but it isvery
whether, with mind of this cast, he
is fit to be Judge. We tell him iearlessly, thai
an expounder Of the law may be oftener too weak,
TOO sof-call it merciful if you will-than the re-
verse and we hardly know what to say to high
legal functionary, who betrays total absence
the common sense conviction, that it is as much the
sacred duty of writers for the public press to detect
and expose guilt and ignorance, as to defend inno-
cence.
And now, having said so much about the press
and its duties, it will not be out Of place to make
remark or two on another sgency, that of Judges
and Jurors, which certainly has as many sins TO
answer for, as many errors to avoid, and as deep
responsibility resting upon it, as any other in the
whole range OF society. Why are laws inopera-
tive? Why do felons escape! Why do acts of
agrant guilt, which call heaven for punishment,
go scot free; and unhappiy. the records Of courts
Of justice in this country, are too good evidences
of all this to require detail Of cases? The press
has no part or lot in the matter. No. These sins
against society are chargeable against the errors,
the indecision, or the unfaithiuness Of the bench
and the jury box. What matters it whether the
intelligent peopl of this country make good laws,
Judge, out of selfconceit, his Pride Of opinion,
or some new tangled notions of morals and juris-
prudence, will not apply them, nor expound them
in their true spirit and tenor; but with mind per-
verted by some puerile notion, or sanctimonious
prejudice about capital punishment, crcumstantlai
evidence, so modify the force and evade the intent
of the law, to make it what, unfortunately, ntoo
often proves nowadays, dead letter. Just 80
with jurymen they have their full share Of blame
to bear, if society is to be snned against with i'm
punity. They are put in the jnry box to see that
guilt does not go unpunshcd, and that innocence
is not unprotected. They are invested with an
honorable and plenary commission to see that the
laws of their coantry-as they are written in the
book-are administered. They are soemnly sworn
to attend to the law and TO the testimony, and in
order to do this ccnscientiousy, they ought to take
their seats less men of the world than as jury
man, divested of the prejudiccs, the sympathies,
and the influences that bear upon them in their
commerce with sects and sections of the commu-
nifty.
Forgetful of these great principles, Jurors do
often err, end judges are not rarely wrong without
knowing it. This was the case with Chief Justice
Pennefeather, OF the Irish Bench, when in the
course of the State prosecutions, his zei agains'
the traversers betrayed him into the involuntary
application to the lawyers engaged for the defence,
of the phrase " counsel on the other side'' We
trust there no such judges here, and if we have
found it necessary to make the charge under con.
sderaton,the subject Of some structures, it certain
y is not because too much zeal for the administra
ton of the law was evinced, but because an mex
psrienced Judge may receive some benefit in being
frankly told of his indiscretion.
THE LATE Rev DR MILNoe-Several of the re-