Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1854-11-08

Modoroutrradcs know ihalnr BcaOc,
n Dentist, residing iu Philadelphia, was
arrested n few months since, charged with
committing gross outrage On young
lady to whom he had administered chcr
40 that She might have a tooth extracted.
Ills Trial took place last week and resulted
in conviction. Owing to the position Of
the defendant and prosecuirIS in society
the Nervousness Of tho charge and the
ability displayed by the counsel in the tr.
al Of the cause, much interest was felt ia
the result, and we learn that whilst many
look upon the verdict as right, others cen.
sure the jury for their finding. After read.
ing the evidence in the cause we arc not
surprised that the friends OF the defendant
and proseculriX differ in their views in re.
gard to the correctness Of the verdict, and
had the mailer rested there, we should as
conductors Of paper been satisfied with
chronicling the fact Of DR.. Beales convic.
ton. But we find that the press are dis.
cussing the correctness of the verdict, and
one of our exchanges in commenting on
the evidence says:
CATER such o verdict no man is safe. That
niury should drre to pronounce him guilty and in
the same breath recommend him TO mercy, shows
that even in their minds the case was not cstnb-
lishcd and the wrong has q fearful significance in
view Of the use which may be hereafter made of
the principle thus hastily established
We feel it our duty TO protest against
any journal thus attacking the verdict of
a jury. 1t is not contended on the part Of
the friends of the defendant that he had
not fair trial-every particle ofevidenco
offered on his part was received by the
Court-whilst evidence offered blythe Com.
monwcalth was ruled out. The cause was
ably mOnaged-men Of the best legal abil.
ity having been employed on each side.
The jury was fair and impartial one
The Judge charged the jury that if they
had any reasonable doubt Of the guilt Of
the prisoner, that they must acquit him.
The jury who were judges OF the law and
the evidence, said under their solemn oaths
that they had no reasonable doubt Of his
guilt and therefore returned q verdict Of
guilty--but recommended the prisoner to
the mercy Of the court. Il is argued that
the recommendation of the prisoner 10 the
mercy ofthe court shows that in the minds
Of the Jury the case was not established.
Ha0ars nOSuch thing. If they so thought,
it was their duty to acquit. The defendant
relied among other things on his good
character. The facts that his character
had been good, that this was the first Of.
fence with which ho had been publicly
charged, and that he was a man Of family
may be, and most probably was the cause
Of the recommendation.
Had the Judge improperly used his po-
sition 10 bring about aconvicton-had the
jury been a corrupt one--packed, or such
wrongs been porpetrated by them as
were said TO have been in the Ward
trial-then we would say that ii was the
duty Of an independent press TO speak out
But when the only cause of complaint is,
that the jury differed from the conductor
of a paper as to the weight Of evidence
we deny his right to arraign the jury al
the bar Of public opinion, and question the
policy Of such a course. The Constitution
provides that "triol by jury shalt be as
heretofore, and the right thereof remain in
violate ;" and Gin all criminal pTosccu
tons the accused hath a right 10 a speedy
public trial by an impartial jury Of The
t yicinage." The jury are by law constitu
, led judges of the law and the evidence
and who are the best judges of the weigh
J Of evidence ? The jury who are sworn I,
G render a verdict in accordance with tht
e law and the facts-who listen 10 ever,
+ word which may fall from the lips Of tn,
S witnesses, who watch their every look AM
} motion, and are able to Judge therelron
Of the truthiulness or ialsiiy oftheir state
}, mcnls-tho friends Of the prisoner or th
S prosecutor, who with their prejudices ca
$ gerly grasp at such evidence as tends t
t an acquital or conyiction-or he who onl
S drawshlsinlormation from reports. Surel
= the former are the best iudgos-whilst III
n latter may draw the most incorrect cor
/! clusons. It is from the latter class W
!. hear complaints.
e Trial by jury has ever been looked uT