The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-07

the writer--nOt necessarily
publication, but guaranty for his good ialth =,
- We cannot undertake to return rejected Communc
tons. '
Letters 10 be addressed "To THE DAILY EXCHANGE,
Baltimore, Maryiand.h 60 -s'''S t''.' 4
The DELAY occasioned by. the difficulty which
has been experienced in obtaining jurors qualified
to sit, in the SIcKLEs' case, at Washington, has,
afforded the sensation Press of New York city, an
opportunity to indulge in q variety OF specula-
tions touching the probable course of the trial.,
the possible developments of the testimony, and
the latitude which should be allowed to counsel
in the examination of witnesses. PROMINENT
among the newspapers which have been guilty OF
this fragrant abuse of the privileges OF the press
we recognize as usual, the New Y ORR" iames.
We saw eas usual" because it unfortunately |
happens that this is not the first instance in when
that journal has committed a similar breach OF
nropriety. and shown like contemptuous DIS
REGARD for the interests of public justice. In this
particular case it is notorious that the sympathes
If THE Times have from the first been openly
and altogether in favor OF Mr.. SIckLEs. Alto
pautlv assuming at once the prerogatlves OF poth
Judge and Jury, it has freely undertaken TO ex-
press its own opinion, and endeavored to foreS'ah
thai of the public, upon almost every question: OF
;rnortance. whether of law or of fact which IS
likely to arise in the progress OF the trial. " III
q warmth of zeal hardly inferior to tDat OF d
hired advocate for the defence, it has debated anu
sustained the theory of justifabe homicide upon
which the acouittal of Mr. SIcKLEs is sought TO be
obtained, while with equal industry, and less pre-
tense of fairness it has circulated statement oil
made respect, as
favorable as possible to the accused. Through Its
Washington correspondence, 1t has propagateu
a thousand improbable tales about the dead
painfully exaggerating his actual guilt
cbarpinc him, in addition with habitual looseness
and libertinism of life and conduct, and unneces-
sarilv outraging the feelings of his surviving re!a-
tives and friends. At the same time, this pattern
of newspaper propriety and decorum, has oeeh
the first and the loudest, to denounce, with vlrtu-
Gus and editorial Indignation any illusions on lhe
part the press to the past history and associations
OF Mr. SICKLEs, undeniably and VIGOROUSLY bad as
both have been When, on the day succeeding
the homicide the New York Epening Post, COM
menting upon the facts of the killing, as reported
by telegraph, ventured to call in question the
right of Mr.. SIcKLEs-being such as he was, ana a.
all men knew him to be--to constitute himself thu
avenger of the violated sanctties of married lie
The Times was, on the instant, ready with reply
in which it Unexpectedly accused T. he Post of be
ing an apologst for adultery, and ascribed its re
marks to feeling of personal luminosity against Mr.
SIoKLEs In the same spirit and no longer age
than Monday last, the same journal gratmtousll
and opprobriously branded, as "organs OF the pros
''ecuton," all those papers which have been Will
ing to reserve their Judgment upon the facts, unit
after the termination of the trial, and have, TO
that purpose, desired full and thorough investl
CATION of the truth Such an investigation our New
York contemporary deprecates with an earnestnes
which leaves US in no doubt as to its sincerity; al
though it is singularly at variance with its ow
previous conduct in the matter. After regain
the public usque ad nauseanl, with all the exagge
ated and prurient gossip of Washington respectn
the criminal intercourse Of Mr.. hey and Mr.
SIcKLEs TIE Times-grown suddenly modest
expresses the hope that "the lovers of salacio'
scandal" will be disappointed in their antcip
tons of the trial. 1t thinks that the inqul
should be strictly confined to the facts OF the XII
ing, and the mental impressions of Mr. SIcKLEs
that time Now, we do not propose to be gull
ourselves of the identical fault which we have be
reproving in another We, therefore, refrain trc
any ausion even, to the reasons which, in our jud
ment, might sufficiently explain the unwngn'
of The Times, as an especial friend and champion
Mr.. SIcKLEs, to see so much as the circumstances
the adultery subjected to the test of legal examir
ton. Whatever comments we may have to ma
upon the case, if, indeed, we shall see occasi
hereafter 10 make any at all, we mean to reser
until after the verdict. We do not choose, even
the sake Of exposing, in yet more glazing colors
unfairness and inconsistency of our contempora
to depart from the restraints which we have hithe
studiously observed ourselves, and which we deem
be equally obligatory upon every newspaper-W
respect to cases undergoing, or destined to under
judicial investigations Those restraints have latte
become all the more necessary to be observed,
view of the exceeding difficulty which, in the
listing state of the law, is constantly experienced
cases of Importance Of finding jurors with mi
sufficiently unbiased to enable them to render
impartial verdict. Tales after tales are exhaust
and still the requisite number of twelve hol
men. who have neither formed expressed
opinion favorable 10 the guilt or innocence OF
accused, is not made up. Few, even, are io
who are willing to say that the impressions wi
they have formed from reading the ne
papers are not such as would disqu
fly them from doing justice in the premi
Now-if in addition to the very full and circ
stan,ial reports, which the papers are in the hi
of publishing, and the public of reading, upon
commission of any crime, which, either by res
of its unusual atrocity, for any other ca
happens to excite more than ordinary interes
the community, the press is 10 have the fur
privilege of discussing, in advance OF any /
investigation of the facts, the whole merits OF
case, and the various questions of guilt or il
cepce, which it may involve, it must be obvior
every body that the already narrow circle of
sons competent to act as jurors, will be yet fur
restricted, and that just in proportion to the il
ligence and general fitness of any indivi
for the duties of the jury-box will be the certa
OF his being absolutely disqualified therefor. In
event, our uries will have TO be selected exclusi
from the class of those who never think, or
who never read-certanly not the most prom
materials for the purpose. Apart therefore,
any injustice to the memory OF Mr.. hEY,
which the New York Times in the excess {
sympathy for Mr.. SICELEs may have been betrf
and which it is no part of our purpose OF
business to redress, it must be conceded that
course pursued by that paper, has been qui
preiudicial to the cause uf public justice as to
of public morality, and that the rebuke W
on Monday last, it assumed to administer,
morbid curiosity and depraved public taste,
not with the best grace in the world, from
nal which has done so much to excite the one
to corrupt the other.
NEW BOOKS.
Phillips ON EVIDENCE. 10th Enellsh eoltloh
considerable alterations and additons'