The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-06-03
n. TrsaI OF Jensrson Davis.

PeThsps the grsEest objection that has
ham urged against the trial of Jefferson
Davis for treason before q civil court and
bv the fixed process of civil, As distinguish
ed from military, law, has been the alleged
im~possibTity of empAnnslling 3 duly quail
Eel jury Tor the trial Of the case Any
person who hiss made up his mind IS to
the guilt or innocence Of a person on trial
is, We need hardly ssy, disqualified by that
very fact from sitting Is q jurynAn to try
that person. In many instances fhis wise
and necessary provision Of the Law has rem
dered il almost impossible 70 obtain Jury.
d In The celebrated trial of Aaron Burr for
treason, the em~pSnneIling Of the jury occu-
MED a fortnight. And it is urged, with
much apparent force, that there Is not an
intelligent psrson in the District Of COlnm-
bis. or indeed in the United Ststes, who
hiss not made up his mind either that Davis
is guilty Of treason or thst he is justified in
his course by the theory Of States' rights.
But this objection Will be seen, on second
thought. 10 be invalid. Jefferson Davis has
been guilty of a thousand distinct. sets Of
treason. He is liable to trial for each and
every one OF Thoso $3.50 4nAi sho~A he Ia
acquitted OF one charge, is still liable to ar
r. rest on smother. Now, while the people
have perhaps fully made mp their minds
that Jefferson Davis is guilty Of treason,
there are many distinct acts Of his the par
ticulsrs of which are not generally known
and about which comparatively few have
formed or expressed an opinion. While, for
instance, the whole people have made up
their minds IS to his guilt in the starvation
and murder Of Union prisoners, there would
be very little difficulty in obtaining ajury
With minds entirely free in regard TO
bis completely with the invasion of Penn
svlvsnis and the burning Of Chambers
burg. 1t may be just H easy for the
Government to prove his guilt in the one
csse IS in the other, but the former has
been brought SO prominently before the
public mind that it has been impossible TO
avoid forming 4 conviction on the subject
while the lstter has escaped public atteD-
tiop. both on account Of its own compare
tive i~usignihcsncs and of the comparative
obscurity of Davis connection with it
Now Jefferson Davis is not indicted for
the general crime of treason, but for 8
particular act, and while every one has
an opinion as to whether he is or
il not a traitor, There will be no difficulty
in getting 8 jury who have not made up
their minds as 70 his connection with the
individual deed for which he is srraigned.
That deed is the invasion Of the District oil
Columbia, the assault upon the forts erect
ed there for the defense Of Washington,
and the killing of soldiers belonging to .Ae
United States army. Concerning the facts
of this invasion, assault and killing 1t would
be difficult to find 8 person within the
District Of Columbia who has not heard
who hiss not indeed. hsd personal knoWl-
edoe. But it will be observed that these
universslIy-Admittcd facts do not cOn'ti-
tufe the principal issue under the IN
dictment. That issue, Pur ct slnlPLS Is this;
Vas Jefferson Davis gully, before the
lar. of REASONABLE agency IN that traTsae'
toni In other words, the decision Of the
case will not turn upon the commission OF
the alleged deeds but upon th1 criminal
connection Of Jefsrson Davis with them.
On this question it would seem easy to get
fair and impartial jury. Uutil recently
it has never been publicly discussed, and
has never occupied any large share o fPuo-
he attention And now 8 wise discretion
will dictste, that not only to avoid sntici-
pating the due course of the law but also
to prevent any d~iminutiOn of the chances
of obtaining sjury, it will be well for the
press to omit entirely, for the present at
least, any discussion of the issue which we
have indicated.