Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1858-02-25

close board fence-I can call it nothing else
sweeping in a semicirce around the room, in
closing the seats and tables for the gentlemen
of the profession. The prisoners box wa:
outside of this fence to the impossiuility of al
escape, The audience occupied the elevated
seats in the rear, and some vacant places be
hind the jury box, which was on the Judges
left. The latter mentioned space was general
ly occupied by ladies, when any case was OIL
trial which interested them
On the occasion of which | now write there
was not room there for them Long before
the hour of opening, the courtroom was throng
ed with the female population of the country
almost to the exclusion of the men who came
from all quarters to attend this, the first mur.
der trial in their neighborhood. The Jurors
were in their places an hour before the time
as if they feared that the crowd would prevent
their being admitted. The bar was, as usual
thronged with lawyers and their clerks, chat
ting, laughing, and joking, as if the most i'm.
portant question of the day were how to keep
cool, and no one had anything to do with the
life or death OF young, strong man.
The prisoner was brought in before the court
was opened and took his seat in the box. He
turned his gaze for moment around :he crowd
ed room, catching the eyes of many that he
had known and loved for years. There was
one face that he knew as that of one of bis
mothers friends, kindly woman who had held
him on her knees hundred times She look.
ed into his face with a longing gaze, that ask
ed him as plainly as if he had heard the words
whether indeed he were guilty of that horrible
crime. And the reply was as plain, as legi-
BILE, or audible, whichever You choose to call
it, as was the question. Every one who knew
the relation of that boy to the good woman
knew that his answer was true, and if there
had been doubt before, it fled before that clear,
bright look of rectitude and calmness.
And now the presiding Judge entered the
courtroom For little while there was a
gathering near him, and he chatted pleasantly
with the members of the bar whom he knew
and then took his seat Before opening court
and while the clerk was calling the jnry, he
occupied himself in reading q newspaper from
the city, interruptng himself occasionally, ol
allowing himself to be interrupted, to grant al
order OF sign paper thrust before him by al
audacious attorney.
AT the moment when Stephen Forster wa!
arraigned and pleaded to the indictment, vail
country gentleman, entered the private door
Of the courtroom from the sheriffS apartments
and took seat near the Judge, and within tn,
bar ! need not conceal the fact that this was
Miss Wilson, whose faith remained unshaker
to the last, although doubt much whether
the prisoner recognized her at first, or unit
his vision had penetrated the folds of her vail
at moment when she was remarkably occu
pied in listening to the opening counsel.
There is one prominent fault in our system
of administering justice, which is derived from
old times in England. | alude to the pre-
Scribed course of conduct on the part of thu
prosecuting officer | know by experience
how difficult it is for the attorney for tn,
State to get rid Of the professional idea of an
tagonsm which requires him, if possible, to bt
successful in the contest. But it is manifeS
at glance that the whole duty of the distric
attorney consists in having fair, mpartia
statement presented to the jury, and then lay
lug before them the entire testimony, while ht
takes care that no illegal course is pursued b,
defense. The custom of suppressing testimony
of not subpenaing witnesses whose evidence il
likely to favor the prisoner, of stretching rule
of law to their utmost tension, or with the ali
Of an easy court even beyond all Legitimate
bounds-the Iaboring assduously with all tn
force talent, trickery of the profession combin
ed, to procure a conviction, and the opposing
every effort of the prisoner to establish in
nOcence and good character, all this is an OF
| fense against justice which prevails to grea
extent among officers of the State in on
courts, and which bv nc means tends to pro
cure justice or to secure the punishment o
crime, since it reduces trials at the bar to
| skirmiSh between opposing counsel, and leave
justice to be administered according to th
skill of the contestants.
| There is no more painful scene of an idl,
locker on, than the anxiety to some distric
attorneys to procure the conviction of criminals
and, imleed, it is at the first painful employ
ment to the attorneys themselves but the ca
ger excitement of professional labor soon re
moves all thought of pain and the eagernes
with which the victim is hunted to the death
while every avenue of escape is guarded ant
stopped, is absolutely appalling. Let us lool
and labor for improvement in these customs o
the courts, and for substitution of impartial
substantial justice in the place of the two-side'
contests which now assume the name of jus
tice, and in which court and jurors vainl
strive not to enlist their feelings with one o
the other side, and which result necessarily il
the escape of the guilty, or the punishment 0
the innocent, quite as often as in correct ver
diets.
In the trial of which now write, the prose
cutting attorney was man of undoubted talent
whose life had been devoted to bis profession
aud who regarded a verdico of not guilty as il
all cases triumph over himself, which h
must strive against with might and main.
He opened the case to the jury with delib
Grafton, but with tremendous force. He de
tailed the simple incidents of the family his
tory with telling effect. He had not spoke
ten minutes before the audience began to loo
dark, and gloom settled on the countenance
of all present for there were few in tha
crowd who had not loved Stephen Forster, an
who did not feel deeply his awful position