New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-12-01
THE TRIBUNE.
The OBSERVATION-DISCLOSURES.

The Observation-Disclosures
To he Editor Of TIE Tribune
The solemn farce now being enacted at the Circuit
conr ought 10 call forth the reprobaon every sen
sibe man.
7, NAV not be unwise al this stage OF the Qp9S-
.,cu, to place before the community such facts and
Jews as will lead them to think more closely on the
Subject.
Polly Bodne stands indicted for murder. She was
,,iea once, and the Jury could not agree On
me second trial she was found guilty; but cx-
cep,ions were taken, and new trial ordered.
Again she is summoned for another trial, but twelve
reasonable men cannot be found among the lnhablt-
anita of this city. The minds of the community are
Sbst against convction-they are besoed with
nreiudice-hey are either bigots, traitors, 'scaPe
coats or FOOLS So points the decisions OF the Cir
chi, Courti Ia the mean time the prisoner is con
fined in JAIL with all the horrors of the future gam
boiling before her Is she Innocent! then what VIII
compensate her for the mental anxiety aud wasting
bealih naturally arising from the circumstances Is
sbe guilty? who is the traitor dares stay the speedy
execution Of the law
Or the excuses made for setting aside Jurors l
will only stop to consider two, viz THAT the par
ties have made up their minds; and that they favor
the Abolition of Capital Punishment.
The parties have made up their minds-W hat
Cerent view of the case change your decision y
story of a certain eminent Judge will illustrate the
matter. A person was presented Tor Juror =" Have
YOU made up your mind asked the Judge. lie
was answered Yes Are you open TO convIc
,iop. or are YOU so preiudced that under circum
stances change can take place l only Judge
rculied the man. from the knowledge | havc-lt
am shown circumstances which present the subject
in different light and show that my opinion is
wrong will not hesitate TO change. consider
YOU proper person for Juror replied the Judge
Another person was presented" Have you learned
any thing of the circumstances in the case of the
prisoner!' said the ,udg &c. have not, replied
Inc man. Then" said the Judge, do not con-
slider YOU of sufficient mind and intelligence to sit
on trial of the prisoner.
Am Ineligible?
But il NAV be urged that there are different cir
cums,ances connected with this case-that one trial
has already beeh had and that the regular evidence
is before the public. In answer TO this would ask,
how is the character of the evidence TO be judged
Will an intelligent man always have the same conf
dence in written as in spoken evidence ! Are there
not looks, embarrassments and stammerinSs by
which the honesty or dishonesty of the person may
be judged?
The writer Of this sympathizes to some extent
with those who are in favor OF the Abolition OF Cap
ital Punishment yet as long as he Is CITIZEN OF the
United States and has his life and property protected
by the laws he holds ii criminal TO refuse 10 do his
duty TO his country by vindicaiing her laws as they
exist in the letter and in the spirit.
If these objections are 10 be sustained trial by
Jury is at an end. Let see! a man goes into
Broadway and shoots person. Every one around
has seen him do the dced-thc papers chronicle the
event and his guilt is ndisputabe-he is indicted
for murder-is brought into court but there cannot
be found jury to try him. Every one reads the
newspapers and is satisfied of his guilt-conse-
quen,iy they are unf, 10 siton his trial What is to
be done {? Fellow citizens, pause and think what Is
10 be done!
Some persons have seen with regret, by trick
ery have kept oil the jury. As an American am
ashamed at the base endeavors of those persons who
are Of so mean and contemplate disposition as TO
be branded fools in a court of law and then go
forth among their friends TO giggle' at their sasac
ty and shrcwdness in evading solemn duty they
owe 10 their country. THIN.
N,,,. York, Nor %