New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-17
Court have declared to be the judges both OF

Cour. have declared to be the judges both Of
the law and the facts.
In the case of the State VS.. N. Jachie. sew
enteeth annual, seVenty-hrst. the Court
saws: at doubtless would be Il safe rule
for the Jury to take the Law from the Judge
as their guide; but they are not bound to
do so-they are the judges OF the ia" ana
the facts in forming their verdict" by the
seventeenth sectIon Of an act OF the General
Assembly, approved March II, 1855, rel:.-
tive to criminal proceedings, the court Is
prohibited from summing up, or IN any way
referring 10 the evidence. That section de-
clares: "In charging the jury in criminal
cases, the judge must limit hlmsef 70
giving them knowledge OF the law applI-
cable to the case. In doing so, he shall ab-
stain from stating or recap:tulating the evl-
dence, SO far as to influence their decislon
on the facts. He shall not state or repeat TO
the iury the testimony OF witnesses; nor
shall he give any opinion as to what facts
have been proved Or disproyed."
You will thus perceive. gentlemen, mat
the judge IS prohibited from summing up
the evidence or recapjtulate II so as 10 ipnu-
ence their decision on the facts. WIN such
q Jury system, with the hands Of the court
completely tied by adjudicauons aud legs
lation, no wonder the pubic with astoaisn-
ment exclsims, monstrous Verdicts. nave
heard i patiently and repea' edy, and Can
only console myself as did Pars0n Denham,
a Methodist, in Hill Grove, Kentucky,
which was a very dls0rderly nelghoorhood.
Complaint after complaint reached the ears
of the venerable parson. One of the mem.
bers had been slandering, Wrar glng and
quarreling, had been reported. Finally It
was announced 10 the par6on, by brolhef
Whimp, that there had actually been hght
in church. "Brother Whimp," exclaimed
the venerable man, "if the Lord will have
Methodist church in such place as Hill
Grove, he must put up with such members
as he can get" | am clearly OF the mind
that II the people of Louisiana Will have
such jury system, with euch laws and de-
cisions binding upon the courts, they must
| ''put upr with such verGlcts as they can get.
Gentlemen, if the court was permitted by
| law to order the Sheriff to form panel,
ratebiy from each district, OF good and sub
stantial Jurors, as is done in the Federal and
most of the State Courts in the Union, the
! complaint of To0strOus oerdacts would
| cease, life and properly secured or responsI-
| bic Jurors be held to answer Tor delin-
| quency.
! Gentlemen, have already detained you
| too long, bn, AS the journals OF the city are
! earnest in denounciDg fraud and corruption
| by public officers. and ask why the law is
| not enforced against them, 1t Is proper to
| say that with tae present jury system any
| attempt to enforce the law against official
corru ption wtuld be but little better than a
farce. am satisfi d that the officers OF the
| State and City have. by extortion, fraud.
| bargain and intrigue, robbed the State and
people Of more in the last year than every
thief in the State for five years. All, from
the catchpole to the highest officials of the
| State and city seem to have, with a few
noble exceptions, been unmindful that the
| glory Of all States consists in the integrity
| of agents called public officers. The remedy
is with the people only. They must elect
! officers who scorn bad faith as they would
| eXtortion, peculation and fraud. or continue
to see their revenues absorbed, the people
| impoverished, and the State disgraced.