The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-15

Tho FuhctlOnS Oh SuEioS'
It is conceded on all sides, that trial by jury
is one of the dearest and most important PRIV
lepes that we enjoy; it is the glorious charac-
terstic of freedom-the bulwark OF the con-
stitution, and the palladium OF our rights and
liberties. When this noble and tlme-honored
institution was first founded, those pure-minded
men by whose public virtue and worth the
majestic superstructure was raised-having TOR Its
basis, stern and impartial justice-dld not suppose
that in after times many attempts would be made
to derogate from its value, to invade its sanctlty,
and to defeat the object which they, Its lllusrious
founders, had in view. We need not recapltulate
the opinion of Blackstone, who was the greatest
nudge that ever sat upon the English BENCH for the
purpose of showing the estimate which he had set
upon trial by Jury nor need refer to the great
act which was contaminated on the plains of Run
neymede, where the barons compelled a heartless
cruel, and wicked king to ratfy their desires. All
understand and appreciate the great blessings
which flow from the institution IN question, and
they are ready uphold in all It's usefulness, In
tegrity, and ncorTuptibllity.
Sometimes jures will arrive at conclusions in
NEUTRALITY-SUSPICIOUS. oppositlon-to the In
structions of Judges; and when they do, some ap-
plaud and others condemn them; some call 1t ar
rogance, and the usurpaten of right that does
not belong to them-while others, whose opinions
are of equal weight and influence, say that 1t is
yirtuous and q conscientious discharge OF the sa-
cred responsibility which attaches to the Office Of
a Juror, who, for the time being, takes upon HIM
self the dignity of the constitution A day or two
ago. at the General Sessions, the jury returned
a verdict of guilty against man named Jackson,
contrary TO the instructions of the learned Re-
corder.
Now, whatever legal doubts there may be as to
the finding of the jury, there was no moral doubt
whatever az to the guilt of the accused and, there
fore, none as to the righteousness Of the verdict
But. said the learned gentleman, whose defence of
the accused was marked by great ability, it is bet
ter that hundred guilty men should escape than
that one man should be found guilty not according
to law. We do not hold with the philosophy of
this reasoning-iit may be legally right, but it is
morally wrong He said that the jury had set
themselves up as the oracles of the law, and In
brief but neat speech, he poured forth some viz
tuous Indignation at the course which the jury had
deemed it their duty to pursue This was perfectly
fair, because an advocate is bound TO use every
effort for the benefit of his client But then came
the Assistant District Attorney; and what did he
say Why that the jury had not differed from the
court on question of law, but on question of
fact of which the constitution, the law, and their
own consciences, made them the judges and he
further said that they had acted as faithful guar
dams of the public interests, and that twelve more
honorable men had never sat in jury box. This
Is an answer to the question as to the Legality OF
the conviction. The city Is infested with such
men as the accused they are, In all directions,
ready 10 pounce upon the unwary, and to make
them the victims of their nefarlous mode of OBJ
tanning living. The most outrageous depreda-
tons have been committed in this way; and it is
high time that -he strong arm of the law should
cut short the career of the base and unprncipled
persons who are guilty of them. Many scoun-
drel has escaped upon mere technically, who |
deserved the most condign punishment. Some |
years ago, monster in human shape was tried at |
the old Bailey in London for the murder of his |
own child but the miscreant escaped the punish
ment of an earthly tribunal, because there was an
error in the indictment to the Christian name |
the child The error was discovered by the dex- |
terty of the prisoners counsel
We think that under all the circumstances. the |
verdict of the jury in this was most correct
one and we hope the day Is not far distant when
common sense, and the requirements of justice,
will be regarded by juries in general the only
grounds upon which their verdicts should be pro-
nounced We trust that this verdict will prove
warning to the evi-dsposed and, in particular, to
the fellows who have been doing so large trade
In the watch line, to the ruin of those who have had
the misfortune TO be caught in their trap, and who
have found out, by dearly purchased experience,
that " it is not all gold that glittcrs."