The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-12-09
Communicated.
Judge Chapman and the NeWspa-

Judge Chapman and the NeWspa-
peFs.
There has been quite an excite
ment created in this State, and even
elsewhere, by the action of Judge
Chapman In connection with his order
forbidding the papers of Indianapo-
lis Publishing the testimony of the
witnesses in the Gold Spring " muir
der case. The press, almost uaani-
mously, has joined in denuneiation of
the Judge; and the impression is
sought to be made upon the people
that the liberty of the Press " is
about being destroyed, which, accord
ing to newspapers, is the greatest
calamity that can befall a ma
ton. 1t is astonishing how
quick the press " is to discern,
in any law of the legislature or any
order of court of justice designed
to restrain its conduct, an attack upon
its liberty" and a purpose to muz-
zle its voice" So In this case. The
order of Judge Chapman, made for
the purpose of aiding In securing a
fair and impartial trial for the prison
ers accused of murder, and to be tried
for their lives, is tortured into an
attack upon the dearest rights of
man." and the people are warned
that if they submit, their liberty
Is in danger. 1t is all the
merest bosh. If the editor
of the Indianapolis Journal or Sen
ttseI was on trial for his life, he
would thank the Judge for any order
that would tend to secure him a fair
hearing. So would any of US. And
it is one of the high and sacred duties
of the Judge to see that this end is
attained in all trials. The papers
complain that the lOafers can hear the
details of the story Of the sad trag
edy by sitting IN the Court House,
while the man of work, in his otlce.
or store or shop, must be deprived
of that delightful pleasure, be-
cause he cannot spare the time
to listen. and the Court for
bids his gossip, (the morning pa
perl telling it to him. It IS terribly
hard; but there is some question
whether it is not better that these
people suffer to this extent than
that the hearing of the cases of those
accused be prejudiced in the slightest
degree. We can better spare morn
ing newspapers than the sanctity and
purity and fdirneSs of our courts of
Justice. It were better that phono
graphy had never been invented, than
that it should, even in the smallest
degree, interfere with the perfect
equity of our juries.
In the trial of criminal cases, it is
often found necessary to exclude all
the witnesses, except the one testify
ing, from the Court room. 1t is in
variably done, when the defendant re-
quests it, by an order from the Bench,
and is accompanied with instructions
to the witnesses that they are not to
communists 70 each othsr what they
intend to testify, nor. after they have
been upon the stand, what they have
testified to and they arc warned that
disobedienee to this order wiz be
punished as contempt of Court.
This Is done to prevent collusioT
between and among corrupt witnesses
and guard the defendant against com.
binatlons of witnesses. Ofwhat value
would an order of this sort be, if the
reporters are permitted to spread be
fore everybody, witnesses and all, {
verbatins statement OF the testimon!
as it is given, thus fully and complete.
ly enabling the dishonest witness t
shape his testimony by what has gon'
before? The defendant might 0s wei
forego his right to separation o
witnesses, unless he is SO fortunate a
TO be tried in a place where there arr
no short hand reporters.
am not certain whether this or
der was made In this case or not, bu