Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-09-30

TRIAL nx JURIEs.
The New Albany Commercial, in discussing
the right Of trial b. jery. thus spelogizss for
military eourts:
III 10 yell known that justice would be sell
+ nifh impossible with juries. 10 msny nj toe cases
which have rissn during the rebellion. Where
couid q furv 90 sensible men be found who have
not formed or expressed opinion about the
suilt er iouocsnce OF The rebel Ieadersf It would
be impossible 10 empsnnel jury Of honest men
D IN uy yea. Davis. for instance, ca charge Of
treason"
This . lame aud inpotsnt excuse for Mill
tsEy Commissions. IL s a most complete vind-
sstior az HKsnY wIxra DAVIS judgment Of
the character Of those tribunals. that they were
o,gAni.>d not to try accused persons. not to mets
cot justice. bs, 70 convict. This 10 but saying
ga they fail in their duty unless they condemn the
80 uep Who are .rraigned before them. Who. in
~ The vast majority Of cases. compose Military
Csartsf Are they of superior judgment. Of
greater integrity, and more learned In the law.
= than the Judges Of the civil Court. and jury
Of sensible meni The Commercial says il would
be impossible 20 impannel jury OF honest men.
who have not formed or expressed opinion
shout che guilt nnocenee Of the rebel leaders
That Is the reason IL gives for resort to Mill
tary Courts Bat Military Court be or
CANNED, whose members have not formed ex-
pressed an opinion as to the guilt or innocence
Of the rebel leadersf We think not. What
advantage In this respect. then. has q military
over q civil tribunsl7 Il there any more
right or justice in trying JETT. DAVIS, for in
stance by military court that has formed or
expressed an opinion upon bis guilt or innocence,
+ than by jury similarly circums,sncedf. is a
prejudicsd military court any more likely TO do
Justice than prejudiced jury Of honest. sensible
menf The fact Is that the average Of military
officers. 90 far as ability and honesty is con-
cerned. Is bu, average OF the people generally
sa~-tbat's all. Look the army over and bow very
Few can be found who bad reputation able and
sound lawyers, and whose practice as such CAV,
them eminenee Why then military tri-
bunals, even If composed altogether Of lawyers
which IL but very seldom the case. any better
qualified than the civil courts to try criminals
or those charged with crimef /. is libel
upon chs Integrity and capacity OF the civil courts
and upon the honesty and intelligence OF ihs
people 20 say they cannot be trusted deal with
Ctillf. DtlttIs Dctkefp euah cfcn kuhiJ
man should escape. than the liberties and rights
+, OF the people which took many years, yesrs thai
can be counted by centuries, % secure. should b'
violated. Military courts are the representative
of the arbitrary power, Of The despotism. OF the
feudsl ages, aud certainly no enlightened frisnC
Of the rights Of nan can wish TO restore th,
abuses Of that era. The Commercial also ridi
cules the rules OF evidence and upon that GROUND
justifes military tribunals because they are Law
unto themselves, or above law. The rules o
evidence are the result OF the wisdom and expe
rience of the most eminent lawyers for hundred
Of years, and they perfect As foit
minds make them Under them there 10 nc
danger before an intelligent Court but tha, al
i facts can be developed that should be Will j
be contended tina, in criminal prosecutions, will
the power Of the Government arrsyed sgains
him, that the prisoner should not have som'
protectoni The rules of evidence are frames
TO make conviction cure, to leave but little j
anv doubt. aud they give no advantage to ih
prisoner which does not equally inurs to tn
prosecution Bat why this effort to strike dow
the great bulwarks of freedom, achieved through
blood, which have been the glory of our nstitu
tons and which must be maintained to preserv
the objects for which Government or
gained. Ito secure the blessings OF liberty Il
ourselves and to our posterityi"