The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-26

The interminabls Forrest case closed on Saturday
last, and the sealed verdict Of the jury, returned
night, will be opened to-day, before the
Court, at ten o'clock. We are glad that it is
is glad at its termination yet,
during lie continuance, it has created more discus
sion, conversation, and excitement than any other
similar trial which has taken place in this country.
Bets large ard small-iis even said, to the amount
of many thousands--are pending on the verdict Of
the Jury, among the loungers and loafers all abou.
town.
For the information Of our readers who did not
see the HERALD Of yesterday, We have republished
the Judges charge, delivered on Saturday after.
noon together with some remarks on the ch Iracter
and tendency Of the trial, which appear in the Sun
day journals. They are intere sting to the reading
public, and will, no doubt, be appreciated
We have said very little about this trial during
its continuance for nearly six weeks Some OF its
features, however, are very remarkable, and Will
calI forth the observations OF the press in all parts
Of The country striking, legal feature in the
progress Of the case was the omission CT Mr.. Van
Buren, the counsel for Mr.. Forrest, to terminate
the case when Mr.. O'Conor, the counsel for Mrs
Forrest, rested On the third day Of the trial. and
after the Court had decided agains, the ADM Sci
himself If Mr.: Van Buren, had taken an issue
then, and allowed the TO have gone to the jury,
we rather think that his client would have stood
bstter in public opinion, and the result would have
proved OF great benefit TO Uany 0! the witnesses
snd characters subseq uently discussed. Bu. il
seems that the counsel thought differently, aud the
result is before us-G mass Of evidence disclosing
The private life and secret habits Of multitude
Of individuals, most Of which facts are anything
but creditable to many Of the PARTIES concerned.
The latitude given by the Cour. in bringing GU.
the testimony, has created great deal OF remark
in private circles well az in tie public journals.
From an observation which fell from the Judge, Il
seemed that be consi iered himself bound, in some
degree, under the new code,'' to give the parties
full latitude TO try all issues, hear al evidence,
and investigate all charges presented 70 them
for admission. If it be go, we have experienced
few more the blessings and beauties Of the new
ccde.' One other point-the Judge took occasion,
in bis charge, to recommend TO the Legislature the
passage CT strict Law, whereby the press should be
prevented from pu olishing the evidence in such
trials until they are terminated. With all due DEF
eren,e to the judgment and high mental qualities
OF The learned judge, such law would appear 20 be
species Of censorship on the press--an act which
il spe sally forbidden by tbs constitution OF the
nited States and The constitution Of every State
in the Union No censorship Of the p.ess for
day or thirty days-the principle is alike in
either-can be legally es.a bllshed by any legisla
tire body in this country. Under the constitution
and the laws the courts Of justice open to tue
public and the mere publication OF the evidence by
a newspaper is simply an enlargement, by superior
mechanical means, Of the capacity of the eour:
room.
We Go no. concur, therefore. either with the prin-
cple the expediency Of the Law Of censorship
which he learned 1dge has invited the Legislature
to psss, in derogaticn, 81 we believe, Of The
st.ution Of the United States, as well as that
OF this State. There might, however, be some
law passed in rela the taking Of evidence and
in come mitigation of toe awful latitude Inflicted
on suffering community by the new code"
The Legislature night very properly construct law
Tor the sitting Of evidence such trts--a1,ho-iz
irg the dye and requiring him TO refuse the admis
zion OF II lmmatetiai ser.imony srSnehing the
character Of other individuals, without any special
benefit to the material issues before the court and
jury. If such Law had been carried into efee; in
the pIetent instance, we verify believe that lie
Forrest case might have beeD terminated in four or
I've days-a q. events, dalSg tie fret week
Now kat the case has terminated, it viii be
csmnentei uIoa by the 1900 newspapers Of this
newspaper country; and We may expect all sorts Of
opinions % the morality, propristy, aud justice
ana TIC Gu &c of incidents ia tbs extraordinary
case
Ire report es this case, issusi in pamphlet form.
by las reporter, yesterday morning, (withia ten
kous aft e. the terniI alton Of the trial is cop JUS