The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-07
REMARKS OF THE PRESS ON THE TRI AL.
(From the New York Sun, May 81
WUAn AN OPVNYONr


"Had an opinion, Is the objection which long list
Of gentlemen sci aside as incompetent 10 as
jurors the trial Of Mrs. Cunningham We recognise q,
the justice OF the principle Of law which excludes
pcrsons whose minds are prejudiccd, from serving on
juries but prejudice and opinion differ widely II is one
;uSapr mples Tia, The mind has reached definite concu
sons-and quite q different thing 10 form an opinion OF
published statements without the mind receiving the strong
personal bias which constitutes what call prejudice.
Intelligent cannot read evidence without forming an
opinion OF It's value, It's appearance Of concisveuess
have but little respect for the judgment OF men
Who can read without thinking Of what they read or
without questioning its accuracy or credibility.
The men who are capable Of forming an opinion without
prejudice of Judging Of the evidence and its coherenee
just the Kind Of men who should sit Is jurors TO try
grave accusations. We verify believe that the most fire.
Quen cause Of res dsagreeng and Of justice falling 10
attain ends is the constitutional ncompeteucy of some
minds compare and weigh evidence and deducc concu
Sons hercrom with perfect confidence in their correct
ness. Men with minds thus constituted form the class
who really "ncompecnt 70 act as jurors in difficult
cases yet they the class from whom lawyers love
Instead OF seeking make juries represent the high
est intelligence Of the people the constant effort OF adj
vocatcs to keep this Kind OF intelligence out OF the Jury
sway pervet by the advocates art As their object
10 secure acquittal we cannot ccnure them strongly
for awaiting themselves OF aids which the Law and the
custom Of tho courts allow but the law should be amended,
that while prejudice personal feeling, or personal in
teres would be held disquacatons, the fact tina
a man had allowed his mind to weigh and estimate the
worth of statements published in the newspapers, would
net Of ITSELF constitu disqualification TO act as juror
OF supendous aad expensive arces carried more for
the display OF the talents Of eminent counsel and for the
public entertainment, than 10 ascertain the guilt limo
Of the iscd aud 70 vndcate the cause Of justice
Surely, be desirable 10 have the highest Intelligence
the Bench, it is equally desirable to have OF acute
minds and clear Judgment in the jury box. Tho public
interests demand it, is essential 10 due administration
OF the laws and to the repression OF crime While every
proper safeguard Should be thrown around the rights OF
persons accused Of crime, cme itself should not find
lection the ty machinery Proessedy constructed TO
secure the efficient administration OF the laws.
THE BURDELL JURY.
Luke C. challenged all. This gentleman being
ordered 10 take his oath juror said IN UNDERGONE TO
the officers that he had for not serving the jury.
he duly try Having taken the OATH he
the witness chair with the object OF saying
him 10 take his The jury lie the sixth juror
There TO be- this extract OF the report OF the
proceedings in obtaining jury for the trial or Mrs Gun
nngham, something which needs explanation, and from in
formation which reaches reliably, think 1--WE
throw light upon it. MI Coo Is man Of good character
and standing, but crcums render him IN the opinion
Juror in this case. ana he DESIRED doubt, to
made candid statement OF these circumstances
TO Judge navies, when no was so abruptly ordered
TO his seat juror Previous 10 the Burdel
OF intimate scqusntancesbip with Mrs. Cunningham
acquantanceship which could not but produce very
strong bias her favor He had boarded with her
the same house long time and had angs with her.
too In the sale Of silk goods and unless informant IL
mistaken, she still indebted 70 him $500 si00
Mr. Goes appeared also IA the report OF the Coro
ners inquest as the person who introduced into the family
a Mr. Todd, Of Paris.
All these circumstances may be trning or themselves
but combined they OF sufficient importance TO set aside
Mr.. Coo a. juryman and we think they would induce
HIM, a matter OF conscience, 10 retire. II he
liberty 30 10 do The conduct OF Judge Davies la
fusirg 10 listen the which Mr. Coe desired
make Is certainly subject 10 crit cism-as much
his extraordinary adjournment OF the G. urt In ril