Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1860-11-15

SECRECY N THE PUBLIc CoURTs-Oue o.
the most important guarantees Of public B.
erty is open proceedings IN the courts Of Jus
hcr. Allow %ciiiTens 70 be accused, tried and
conae=.- ..c. sli liberty is IN empty
name. Where star chambers and inquisiiions
perform their functions ia mystery despotism
IL Triumphant. To guard against such anti
liberal institutions, cur ancestors wisely pro-
ided that the courts OF the realm should Be
held with open doors that citizens generally
should have the right to be present az The pro
essdings. This right involved The right OF The
citizen TO speak Of What be saw and heard 10
court to other citizens, on leaving The eour,
room, or to detail the proceedings by writing
letters upon the subject @ whomsoever he
should cho,se. Il the citizen can write tie
letter, what sophist is there 90 bold 10 iaeon-
slstsney a. 10 sEy be may not Priat what lie
nav write; or that uki.s De may show what
be has written to waomsos.sF be Piesses, be
nay rot. in the sane manner show what De
has printed? So logically EEd clearly
does the right TO print come from
the right b hear, see, relate ana
write. that few have been fouud hardy enough
to contest g., exec. Tor special purposes and
to sui. special eases. In or prin-ipl cities
In States where lsEal talent stau1shighest and
Justice is best administered, The Publication q
the testimony daily is a customary thing, and
It is a valuable thing. b.. a snail part OF lie
public car personally avail themselves Of their
riabt 70 Be present o courts. Tie size Of The
court reoa makes il iup5ss.5.s ier sDy large
R3nortIon Of lhen 20 90 so. By mgars az
Newspaper publication each citizen virtually
s~rrrrisss The riEat that Is common 10 Cd. r.
a. gress aS yoa ssdHis he Ps5Ps. We
1880 as! there is an objection IN refer
70 N. ~snsa Il choosing jaryusa in this
hat civ. rssto 4taeaity- IL aay par
mai he r,t. - Ray be unsatisfactory TO
he dsfsass. and a ne JisI Hay be moved
Tor. lit be granted those eiIfsns Vao mad
read the newspaper reports wo 10
be system now pursusd-ts eig ~
on a jury, and hence an obstruouoH
sriss TO the due course Of ~ls.iee. THIS o.
20 is a mere shadow, there is nos a gram o.
81 u. X TIE system - rejecting 8 mau
ron q jury because be is an intelligent per
an1 reads tAo newspapers, besides being a
CT oheisi appreciation q isnoranes, also
upon a great Psblic right. Abolish
&. Other States administer justice without
rs scales with ans suea profound
lbsarity, and Tennessee can DO 90 toe. Let
De newspapers maze their reports, and Jet
ury di1cuiaes sIiss Thick and fast then the
l~5slrtiy will Be done away, and the common
Isnss principle u pr=fsrring intelligence 70
gnoraGcs or d jury, viii prevail. THIS is uot
il tie case Of d second T.al being ap-
for, if pa lie opinion a. tue place Of ape
i~licston, VIE her from newspaper reports be-
NJ published or otherwise, is ssrh that fair
nd Impartial Jury can not Be o5-alle-1
shange of pasus, and a trial % 8 d!s.aat
.oaaty town will sstls the difficulty. Another &
lsfsc- "a this reasoning is that % applies 10
.Ey publication, whatever, Of the tesugcny
-iveu at a trial being made Until The time
for al application Tor a new trial IL
up TO The tine ws believe 90 one Lzs s
offended Tor a further delay ia -hs Flsi,cs- 9
ion Of testimony, han until tie whole Of the {
gltnesses had been examined. la the late De- d
islsa Of Judge Swayns-s decision, we learn, :
be Judge Las not rsyerssd-that respected s
-snususn's declared object was no. to keep G
be eri5ence given from as publie, bu- from z
eitBssses whose ties im5Hg had not been
L. kis the right Of Inc public is &C.
Hsssi Sc believe The present
* 70 bs ~ last man We {
80 IOWA tie as4s e TIE
We also learn .
to this subject, he -. :
ntion Of referring 70 newspaper
Z 10 speak 10 a matter which ha- y
ought before ths eoHfz on a former oseasi9-. 't
making the remarks above, and 10 prsgi- D,
written paragraphs, We have been tes.r in
3 o. preserving thar respectful tone which K
always due to the Institutions and o5esrs ef III
cred Justice; far be il from rs TO say a word h,
.lcuiated to bring them il:o 3.srspU.s CT con-
mPt, connected IS they ere with The highest rs
tsrssts Of the community, as il respects ,r
e, liberty and properly. Our objoc, Is 20 T.
those Institutions purgsd from absurii-
$, and made open as the day to the people, 4.
d to tie peoples mouth-risee-th, press. d,
CosNosoLTTAS Ar ASSOCIATIONS. - 10 IA