The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-09-26

UaUeAlllg jury loF Vie TRIAL OF the AbloE IlhC5
rioters. In challenging for cause, the lawyer of
the defence regularly asked the juror whether he
had read the of the riot in the newspapers
and whesher he believed what tbs newspapers
stated. This not the first nor is it likely to be the
last case in which jurors have been challenged be-
cause they read and credited the reports of news
papers. In the famous case of Polly Bodine, it
was necessary to change the venue, the court find
ing it impossible, according to its decisions as to
good causes for challenge, to obtain jury in New
York. We are likely to have, in a few weeks,
cases in our own courts, in which, if the New
York rule of excluding all newspaper readers is
maintained, it will be equally impossible for the
accused to have trial in the city of New Orleans.
We cannot conceive that the reading and credit
ing of newspaper report impair in the least a
jurors qualifications for the duties he is called
TO perform Most of the newspaper reports in re-
gard TO criminal matters are merely hearsay testi-
mony, and could not, of course, assist a juryman
in forming a conclusion after he has heard all the
legal and direct evidence. Some endeavor to draw
the distinction between the ordinary reports of pa
pers and the reports of preliminary investigations
which may be entered into.
But these latter are in themselves hearsay, prob
ably little better authenticated than ordinary
reports, yet hardly containing the evidence, such
as it will appear on trial. The reporters of news
papers are generally not well enough acquainted
with the law and the facts to give the testimony
exactly as it was delivered to Court; and even if
they were thorough lawyers, they have not the
privilege Of stopping a witness and ascertaining
whether they have seized the fact precisely as he
related it. The most accurate reports of newspa-
pers are, therefore, deficient in the requisites of
legal evidence. Hence, if man reads everything
the newspapers publish, he does not receive the
first ios of legal evidence except in the case of
publishing certain legally attested documents
The fact then, that man has read the newspa-
per reports of crime charged on the accused,
added to the fact that he has, from such perusal,
formed an opinion to the guilt or innocence of
the parties can hardly be just ground for refusing
to receive him as a juror. Indeed, if such rule
were adopted it would greatly weaken if not en-
tirely destroy the benefits flowing from the practice
of trial by jury. 1t would close the jury box to
the most inqusitive aud intelligent portion Of our
citizens, and thus place life and liberty at the dis
posal of those ignorant and careless of what is
transporting around them. As reading and know
ledge increased, the value of the iury-trial would
| diminish; and if as some English statesman re-
| marked, the whole object Of government was to
| get twelve men into the iuTy-bOx, we might boast
| that we had made government useless and ineXpe-
dent, by filling tue iury-box with twelve of the
most ignorant and prOfigate men in the community.
Far from incapaCitaling juror, the reading of
the newspaper reports fits him better for the dis
| charge Of his duties No matter how incorrect or
even garingly false the reports may be, they can
not influence the opinion Of an ordinarily we'll
| balanced intellect when all the real and genuine
facts Of the have been elected by legal trial
| And the more man has read about matter, the
sooner will he be able appreciate the bearing of
the facts in the case. True, if a man has come to
definite conclusion, from the perusal Cf the news
paper reports, the pride of opinion may incapaci-
tate him from fair and impartial hearing Of the
testimony. The law, however, will presume that
men of ordinary honesty will not take the oath as
jurors unless they feel themselves capable If doing
full and ample justice to the accused
II is not by stating facts or mere rumors, which
are often not even the shadows of facts thai news
papers may hinder the administration Of justice,
The calm and dspassionae statement of an appa.
rent fact, no matter how aggravated, hardly ex-
cites those violent and lasting feelings which cloud
the intellect and impair our sense of right. 1t is
when journal makes it point to lash into fury
the angriest passions of our nature-when it sub
| jecs the accused to the action of public prejudice
! and popular indgnation-that they do most damage
and seriously interfere with the principles of the
common and the statute law. 1t is thus that they
set at naught and defiance the wise and humane
maxim of our ancestors that every man is pre-
stunned innocent until proved guilty" These, how
ever, are the exceptional cases, and the law may
find difficulty in bringing them within general
! rules.
| Eyer since newspapers were published there has
been a sort of struggle going on between them and
the lawyers. The publication of idle reports may,
in particular cases. cause great annoyance to courts
and advocates, but it can hardly impede in a seri-
GUS manner the usual administration of justice.
On the other hand, the exclusion from the jurybOx
of men who read newspapers will, undoubtedly,
work great and lasting injury to the whole insti.
tuition of trial BY jury.