The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-29

| Of time as we understand him. He is opposed to
the publication Of the detais Of certain cass OF
trials during the tendency OF the invests and
would have 1t post poned until the cases are decided;
end this the round that pubic NOR AIS are pre-.
| JUDGED thereby 1t certainly does to US that
/ one one portion OF his Honor's argument on this
/ ground coniu'es the other, Ifthere be any ng
positively Injurious TO morals In the public alton
complained or It's IS likely to produce its perncious
ELECT when made after as before its ecison Then,
as to the tendency OF such publications to create
impressions upon the eommunty, with rega to the
cases the Ch,ei Justice admits that these i'm pessions
are 'favorable or unfavorable" in the com nunity,
according, we suppose his Honor Of course to mean,
as impressions are usually formed among men. as
| they may aud do, from circums. ances, vary. We
CO not see. In the "expressiOrs of approb or
oisspprobaon, to which the learned jarist alludes
as occasionally finding utterance in the court room,
when any pointed or cAustic remark has been made
ny the counsel on either side" proof of the ten
/ dency he dcpl0res AS fer our observation has
extended (and we watched the scenes of the last
tie expressions alluded to ELECTED by those sre
marks OF counsel" without the slightest reference
to motives or suggestions derived from the public
press
On the oubjec. OF commenting on the proceedings
fury trials during their tendency, there can be-
| we think, no difference Of opinion among fair and
| just minds And we must say, we think thu press
generally has, during the long continuance Of that
now terminated trial, preserved q commendable
| ard exemplary regard to decorum. But OF the
right OF the public to receive from the hands Of the
conductors Of the public press-an account of what is
theoretically open to the hearing and inspection Of
all, though OF necessity accessible, Other wise than
in print, to but few--the daily proceedings Of one
OF their own courts IN matters involving facts and
principles Of deep interest to themselves We cannot
entertain momentary doubt.
TIE FORREST TRIAL. AND THE NEW CODE.
From the Tribune Jan q
1t Is usual, Id certain quarters, to charge every
thing that seems out OF the way in any legal pro-
ceedings, to the new code and where causes Of
| complaint do not exist, they are manufactured
Accordingly, the to diousness of tho Forrest tr al
not its unhappy nature, is charged upon tho code
and the public given to understand that the very
unusual range OF evidence has been admitted in
obedience to its prescriptions. Indeed, wo have
heard that but for the code, the trial might have
been private, and society spared the wide publica-
tion OF its many revolving details
All this Is entirely false. The rules for the ad.
degree by the code. That they were not, We are
bound IN justice to say, ia the fault u the com.
missioners. They sough. to make such changes as
would have rendered trials brefer and less tedious
but the Legislature refused to adopt their re COM
mendations AS far that point goes, this trial
has been conducted RS it might have been had the
code never been heard OF. The admission of SO
much apparently Irrelevant testimony is be atri-
buted solely to the court and the counsel and in
our Judgment one thing is certainly gained by it,
namely. that new trial ia uni kelly If not impos.
sible. This might not have boon the case had eyi.
dence been severely excluded in every doubtful par
ticplar.
Nor is the publicity Of the trial the fault of the
code or the commissioners Among the provisions
they recommended, but which the Legislature in
lts wisdom has never seen fit to act on, was one
giving the courts the authority, with the consent
OF the parties, to order the trial be entirely pr
vate in civil cases. And more than this the code
as drawn up ard enacted in lSis, expressly laid
down that every suit brought to trial, except for
the recovery OF money or specific property, should
be adjudcated by the cour. alone, and not by
jury, except the court should otherwise order
According to the code Of lSiS then, this case was
one to be tried BY the bench privately, unless the
Judge had decided to remit it TO jury. But this
provision the Legislature subsequently annulled,
making every suit for divorce, especially on the
ground OF adultery, the subject Of jury trial
Thus it appears that the accusations brought
against the code are without any ground Of truth,
ana that the things sought to be charged upon il
would not have occurred had its letter and inten.
ton been preserved and carried out. The fault
belongs with the Legislature, which has not given
the code fair consideration IS q whole, and has
tnkered and mutilatsd some of its wisest details
The time vii! come. however. when justice will be
done to it and its authors.
from the Couri(E and Enquirer Jan e.
IL one OF the private galleries of the Grand Du.
cal Museum at Florence is representation Of th,
plague, so ioathssmely real in oil its details tha.
none but the coa-sest natures can contemplate it
with composure. In one OF the public chambers Of
the City Hall OF New ork has Dsen. for the last
four weeks, an exhibition of a moral pest as often.
sively gross in all its Developments. Both are Gu
riosities, but the one is professional, the other
popular The one is secluded. seldom mentioned,
and to the great mas is unseen and unknown; the
other II 10 the most public Of Places aad is made
as universally notorious as possible by the mnutest
descriptions. cried and hawked everywhere, thrust
into the face o! every stgeetpasger and snugyled
amongst more decent matter, into every dwelling
The physical putIescence is unvaryng Ia its aspect
and coIsequ entity loses all its yelty and in.
terest; the u Oral putrescence has been continually
shifting al d has daily assumed some new form of
O MI of
evil, being simply repulsive without being conta.
gious the other has been concentrating and cor
rupiing. in ali its influences, and has been a pes
tientisl curse to whole community.
The Forrest trial is at last over and. independ.
emily Of any particular satisfaction given by the re-
suit, all rig hs minded men must congratulate them
selves upon being at last rid OF an abominasle
nuisance. Judge and jury, lawyers ana witnesses,
nave been diligently employed Tor enc full calendar
month IN raklDg open heap Of moral depravity,
such as has hardly been brought into a court room
for generation. IL has been one tangled mass Of
almost every vice that human nature is capable Of
Its substance throughout is asvile conspiracy and
perjury and profigacy among the vilest of men and
women could bring into existence. The scanning
one Of the most unpleasant duties honorao Die Of
jicers OF the law ever had to perform but still it
was duty which they could neither repudiate nor
evade. They have discharged their legal obliga-
tions manfully and faithfully; and Jet toe great
latitude. We believe accorded to the parties in
the introduction OF matter which in no sense formed
part, or affected the condition OF the case. he
Chief Justice himself was sensible of this, and
apologzed for ii; but his apology came from the
heart, rather than the head. Complaisance Though
Swinging from generous feelings, is sometimes a
fault. II is hardly to be commended, when in the
hands of authority it grants license 10 that which
II the public veal is regarded has but bare ri 2ht
to liberty. The strict enforcement Of the standing
rules Of legal evidence would have unayodablg ex
ciudej considerable portion Of the testimony that
was Int in, and would have Abridged the case and
relieved il OF some least, Of its oIcnsiy 70 appen-
daees. Lega proceedings marked with such ro-
dun6ancy and pfoliXity, would, in any case, bring
reIroaeh upon our system Of administering Justice;
and II surely must ia case peculiarly democrat.
lzng IN all It's Influences as this Ii such scluda.
lous Developments 10 engage the public atten.
tion, the clio: eI they limited, SO that 4gce Is
not deTauded, and the sooner they are disposed of
the better
But VIC do net believe that private suits OF this
description should 20 to the puohc at all no
single eId ofiustice Is gained BY the publicity. A