The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-29


fudsl despot For though centuries have INTERVIEWED
the nature OF the men h the same; they differ "
they d'h.r Mt all but IN the circumstance that
claimed me privilege 10 Cypress IA divine and hare
dfsry right and the other csms tn exercise t the
preroea.'ve o! liberty Come, th"r"f"rs from what
source II viii the attempt to overthrow the supremacy
~ the law by force and violence is resisted and
that promptly, ut the outset. As IL IL impossible to
tell from the spark Of ignition, how far the
ton nav extend 30 ia H. impossible to discern ia the
first gathering ofs popular tumult what
grow big with the destiny ~ q pstou The racords
~ the pest are studded with too many INSTANCES of
society given I'D TO the sapusuary dominion of mobs
not to know their nature and ee alive their danger
Such scenes the elements that bring fearful de-
velopemtpt the latent ferocity # mans nature;
and exercise control and domination. II they are
permitted to go on unchecked, disorder creeps
presops which 10 born ~ anarchy and subject to the
uncertain chances OF which the victor OF
the victim TO morrow No gentlemen, the blessings OF
liberty sre the blessings II Law the security Of both
the preservation Of order; and he who wanton.y and
wilfully dturbs It, Ia to be treated enemy his
race. and the foe Of society Thrse considerations,
gentlemen meet US at the threshold of case al.
vert To them because the frequent these
Of violence disorder has given
to the unfouDded opinion that they regarded
a. the natural effect Of the working of our fres in.
sitn'ions The in~fhci~ncy Of courts, the uu-
wihnanrss OF jures to convict In suah cases,
have led many to think that the laws DO to
repress them So far have things gone in lax
ministrHon OF justice that these outbreaks not
without their biologists; those who argue
eessity within a comparatively recent period the
mubirtpsl COUNCIL OF u neiKhbOrDg city deliberately
passed resolution to the effect that such occasional
outbreaks necessary to the cultivation Of brave
and courageous habits In our ySuth as II the noble
quality OF courage was att~sted by burning veil.
ibRs OF def~pc+rss women and dr.ciug pies erect
"a TO the worship Of common God propoundiug the
moDtrous doctrine that it il that thu youth
Of this country should pass through a pupilags of
bloodsbed that to tit him for the rational duties the
citizen he should be- encouraged to the deveopsment
OF propenstfes in which the savage Is his equal -
address these considerations strongly to you gentle
men hecsuse law has been violated It rests with
W Ohatk to lora sh.I Ia
In criminal cases. however much may d. we'll a pom
laws and constitutions TO the practical power wiedsd
the with which that power is ex
erci,ed whether Justice be- admir- or not To
tpe Jury must ne 81 lien turn, with high hope OF With
anxious fear FOR everything depends upon the in
teerity and hrmpess Of jurors. every thiog IL 20
be ftarsd from their corruption or servility
man may do. ss respects himself in his per.
soDsl matters what he may not do public man He
alone Il affected In the one case act may bs for
q 'he nature OF a crime This Is consideration that
nor IN never 20 lose sight Of when he enters upon
charge OF public duties; his individual will or
are TO be merged In the great duty that he
F. -ccitty This will apply t. every case In which
TOT is called to act; but there are certain cases.
.icb from the consequences which follow a d.reiis.
from duty increase the responsibility OF the Juror
proportion to the results which that derection pro
duce tbs Is one OF those cases That thelaw should
be sustained in such case, concerns most deeply
peace and welfare OF society That IL should main
tsiB'd In this city the ch.fcity Of the Union
Important consideration than it would be elsewhsre
This great metropolis IL he national heart
pulls that reach to the rrmotsst arteries Of our
wide spresd confederscy Here then a. this central
point Of attraction ards which everything conceo
trates and from which everything raiates IL Is bsdt
ting that an example should be set which shall be =
precedent to the country at lsrssau pie the
faithful and firm administration OF justice, witch
tbail serve hereafter as steady light TO steer by,
when darkness and tempest gather around the State.
In connexiop with what have already said there are
Other considerations to which your attention should
PRODUCTION OF tn. testimony aud in the com meuts Of
counsel has been devoted to the consideration OF mat
vn 90 en- 20 90 q" -n ns q sn:
nothing to do with the question whether the cou-
duct OF the authorities was esnsurable other
wise-whotber . more judicous course might have
been pursued than the adopted The authori-
ties must answer to the lag II they have violated
u In any particular or IL they are not within
the pale Of legal responsibility. they must answer
st the great bar Of public opioion Neithsr Is It auy
part Of enquiry to determine whether ths interpo
sitton 81 the military was necessary-whether the dis
torbsnce could have been queled by the police force
without their aid This forms tsrt of the question
respecting the guilt or Innocence Of the prisoners
They ali with one exception stsnd indicted for acts
alleged TO have been done before the military fred aud
they we're arrested In fact before the military came
upon The ground Their acts we're not provoked by
bring or The appearance of the military And II they
wer-, u would net excuse such acts The military
there by the erder of the city authorities amt It
was the DUTY Of all citizens to retire before them
Neither are you to be influenced by What has beea ai
dressed 20 you In respect tn. condition in m OF che
pdsnts- that they have families dependant upon
them fer support This might be urged JUICY In
Gaze Of every prisoner for there are 4. vh ar. With
cut close " not dependent domestic ties so with
tpect TO the youth Of some of the defendants This
matter addressed soieiy to the discrimination OF tho
Count and The Court is gifted with large discretion
in such matters. Should any all OF those defendants
BE- convicted, the Court when called upon To perform
Tho tender youth 81 some OF them, bat will dstin-
gpisb between acts which spring from the uprenect M
nature Of youth and acts which the deliberate desd
VI perverted manhood. And In passing upon tbs issue
ana the only issue here you are not To be- drawn OF
from the plain import Of Testimony BY ds
tDcfiops. or coDcevsbls possibilities There is no
be In we'd
In ipsxtricab's confusion by admitting such disturbing
iDhuspces " you do not keep steadily before you the
resi- tbJect Of your enquiry especially In n ike
this you ~ill be lost In If uncertainty Every.
thing therefor. addressed TO your prejudicesto your
synrathiet- which may be designed TO coafuss your
upcersnpdiDe or prrpex Jour judgme Is be
fully watched and rejected ben such idsratious
ar.sddr'a to you by advocates you ways
IN bind the position Of the advocate and to attach
value to what he In proportion 20 the sincerity
with wbch he utters it Whrp an advoc te appears rs
The advocate OF accused innocence. position hu-
man beioe can occupy Is perhaps more exalted. but
We cannot shut TO the fact that In
msp5 csesstses merely TO get of his eli. With him
IL r. trial OF professional skill the mating Of pro.
fsssionsl reputation Tor this purpos. the msans By
Which juror may be Influenced becomes not unfre.
qu.ptly matter OF professional ejaculation aud IL
sometimes reduced to the certsinty OF an act; aud
where peh nesns secure the aoquittsi OF the guilty
,hil -e cannot forget that it triumph Justice
Far d'rnt the position Of the jury the Court and
the prosecuting "fcerr; With them the only motive
can be 10 ac.rtain ~ psrtie. be guilty innocent.
Inc cou,se on Their duty L. plain aud they have no
put 70 pursue u Neither To be n
u.pced In this case by what you mar nave read or
what may hsse been directed 10 you through the pub
lie press The press Is perhaps the greatest engine Of
modern civilization IL IN impossible feel the
reality OF Its power, and to appreciate the extent its
Influence; and that influence Ia no inconsiisfsDls
matter when used TO Influences the det.rmi nation
OF crimiosl trial II IL not UNUSUAL for the jud-
cisry to dsprecate the publication OF trials duripg
their progress. I feel however. no occasion 10
do 90. an strongly disposed To thiok that
such publications DO much TO fsmiisri1s tho
public With the practical working of the lswi; to
bss. In the OF citizens HABITS 81
abo rensctioD to crcsie habits 81 mental discpi in
respect TO gal subjects that 60 qualify them tor
the DUTY ofJurorr-s duty that must b. discharged By
ali cls-s.s 81 community But ths publication %
uiar While In progress subjects courts aud jurors to
higher accountability In opposition to the iesa s,s,
countries OF Europe trsa required 10 be- hsld
IN publiei aud their wider publicity, through In
suumenislty 81 the pr-ss Is but the extepsios ~
great aid pshtic principle. The regret Ia that
they are not more fully ard accurately report
cd. The defect lies in the manner In winch
the thing Is zone not la the thing itseu But A.
" cnr,irg the prerurstive entirely too far for
Inhlic joui haltsts anticpnfe courss