New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-05-03
New Orleans Juries.

Since the Illness of Judge Larue, Judge
Buchanan has presided with signal ability,
moderation, frmness and leniency in the First
District commonly known as the Criminal
Court We can say from observation. that he
has rarely combined dignity. positive law, and
mercy The most characterless criminal has
his sympathy, but nevertheless has to anticipate
the legal severity Of the judge. We believe we
but express the unanimous opinion Of the. bar,
when we say that Judge Buchanan has shown
himself a capital criminal judge. as he has
always been upon the bench thorough and IN
firing business man.
We know very well that the expressed opinions
Of journalists will not affect him further than
his own CELEBRATE convictions will carry him :;
and hence, we are the more free to comment
upon his course, abating none of the high
respect we entertain for him, personally and
judicially. i n,
In the course Of 8 criminal trial, Judge Blu
chanan, the jury failing to agree, made to them.
on April Goth, an address, which has created
much sensation in our community. He claimed
Alright to state to the jury his opinions and i'm
pressions Of the testimony in the case; and then
proceeded to make such a statement. The case
was one involving many aggrayating circum
stances; and without reference tait, we merely
note general principles in the premises. Of the
right Of the judge to state his opinions and i'm
pressions, there can not be. with some quail
fcations, any doubt But we conceive it to be
. very dangerous precedent, that the judge
should charge the jury distinctly, to the effect
that his opinions and impressions were decisiyely
on the side Of the proven guilt of the accused.
1t has long been controversy as to whether
the jury could judge of the law and the facts
and the better opinion seems to be that it car
only and should only judge of the facts, taking
the law from the learned judges, and deciding
upon its applicability to the facts proven in the
case submitted. The judge, by the right of Gus
tom, states that if SO and so be proven, then
such is the law and that if 50 and so is not prov
en-, then again such is the law. But If he state
positively such and such facts as proven if he Sc
charge the jury and demand a verdict. it is clear
that heunduly influences the jury and materially
mpairs its usefulness as an institution The jury
must ind upon the proof of facts, or it mus
nnd upon nothing, Deny this, justify a charge
as to the proof Of facts, and it becomes a mere
piece Of machinery controlled by the Judge, an
moving to the business man, and virtually
making the judge an advocate.
The case upon which the Judge made his
charge, appears to largely warrant what might
betermed judicial indignation at the unaccount.
able hesitation Of the jury to find summary
verdict It was apparently clear case Of out
rage upon law and disregard of human life
But this cannot affect general principles, in
yolying the immunities of the jury and the
rights Of the citizen.
In the most important point Of his charge
Judge Buchanan was signally right, and de
serves the thanks of all good citizens. He in
sisted that juries should find verdicts; that they
should not come into court, quietly reporta dis
agreement of opinion, and be formally discharg
ed The matter is not without reason for argu
ment, but we think the Judge most decisively
right It has grown too common a practice witt
the juries of this city to avoid responsibility b,
returning into court upon the first showing Of
difference Of opinion, reporting inability to con
cur, and asking to be discharged The reques
is granted SO much as a matter of course, tina
juries, either in civil or criminal cases, hav'
become mere matter Of form and expense, oul
best and most intelligent citizens. men who have
a real stake in the community, resort u mos
repreheiis Sic s6bierfnges in order to escape do
ing duty upon juries and when compelled final
u to do So they welcome difference Of opinion
q godsend through which they may escape