New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-19

,r-.,-,, a, The ,rial erred IN over;
ruling challenge for principal cause ~ one Of ths Ju
rors Alexander KYLE. Mr. Kyle on his sNafllua.p",
stated tha. ne had termed and eNpres-eu III vpuou
n reference % the guilt Of the prisoner on nv IS
examination he stated that " Il was not a nA.h ~;
lion but one which might Dot be chapgeu ny ne e'r
"depee I. was held by the Court OF APpeal- that a
prisoner = no, 20 be subjected n the burden OF pse
coming az tNi.'ing opinion n me by5c.be.icai potion
that the prisoner if certain alleged iacts sn"au w
proved against him. - guilty, would 9isfuult -
ror. Bu, such notion s lar short OF an op'hon ~
curing evidence 10 reiute II. L
tred Caucemi erred in ins;rucng the jury a. 20 u.
weight 70 be allowed 20 the evidence OF nis previous
good character. The Judge adopted ana reah 70 ~.
iIry upon this subject. the Identical .ahsu - y
Chef Jus,ice shaw Of Massachusetts,. IN nls cnhIge
upon the .ral of DR.. Webster for the murder OF
man The Ch.efJIstce N that case told the lry ina
The presumption arising from previous gooi cna
has much less weight in regard 70 crimes OF sraue h
henjous ,haracer than the more usual ana clhpald-
lively petty offenses Under the very peculiar CT
cumstances Of Parkman's murder K may nave ogeh
quite correct say that the good character ot III.
Webser raised br very slight presumption asaiu s
the evidence of his guilt. Ii was held, however tnsl
il was mistake 20 apply the rule a. Ia'd down oy
Judge shaw 10 the case of Cancemi. 80.
He was indicted for a burglary, and for homl'de
which was incidental 70 t-n"t the main PgrPo-e ot
the prisoner. nor even premedtated. Evidence OF
honesty in pecuniary transactions, OF industry SUI
economy does no. negative these qualltie. OF mind
and disposition which would make man weak 10
resist sudden temptation 10 commit q homiclde'
They are quite consistent with Irasclble and pas
souate temper with reckessness and disregard Tor
human life. They do, however, bear strongly upon
the probability of mans committing burglary or
any ofeDse which looks TO filthy lucre. do not pre-
tend 10 with accuracy the views adopted by me
Court of Appeals. but the above will indicate them
sufficiently for the lay reader.
VIVA, seems TO me a considerable Improvement in
the method of considering causes has just been In
augurated by the Court of Appeals. The Court hears
arguments from % till ,! o'clock. In the afternoon
the Judges meet for consultation the eases heard.
They will thereby eliminate some of the questions DIS
cussed upon the argument and thus diminish the labor
ot subsequent investigation even where they tan 10
agree at once upon complete decision. | nder the
former practice, the judges TO whom 1t was assigned
TO prepare opinions under the necessity OF writing
an argument upon the whole case for they were IN
general very irnperecly possessed of the views of
their brethren. Many cases will doubtless be decided
ut once instead of the Judgment being postponed to
the term. II is my impression that the business
of the Court will be very much expedited.
II NAV be asked, Why has not this been done oe-
fore Simply because no fit room for consultation
provided. The Judges must be together IN
room which contains a sufficient library and proper
furniture FIR study. The state Library was near ct
hand, TO be sure, but this is public, and Is for con-
siderable portion of the year crowded with persons
engaged in examination of its volumes. mean the
Law Library; the General Library s so managed, I'M
der the dire ton Of that solemn and reverend BODY
the Regent Of the University, as to be OF the least
possible service To any mortal. The deficiency which
have mentioned was supplied by the Trustees OF the
Capitol assigning 10 the Court for lis consultations
the room the north lobby of She Senate chamber
formerly occupied by part of the Miseeazeous LIBRA
nv. Into this room one of the JudPes-A. b johnson
of this city-has placed his Law Library containing
about , 800 volumes; and the Trustees OF the Capito
have furnished il with the necessary desk, tables @c