Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-12-16

lay down any well defined rule " regulate
the discretion of court in the conduct OF
a trial. But there are certain fundament-
al principles hich must be observed In
the proper administration of criminal
Justice. 1t is the special province OF the
Jury todetermine the guilt or innocence of
the prisoner upon the facts, while 1t is the
special function of the court to poise the
scales of Justice and jealousy to guard
the rights of both the prisoner and the
State. and to see to it that no extraneous
influence outside of the merits of the
cause is thrown in the balance against
either. The court occupies position of
such dignity and influence with the
iury that the slightest exhibition of
the leaning of the court against
the prisoner would in most cases
prove fatal to him. A question
adroitly propounded, significant accent,
look, a word, may often betray the
opinion of the court. 1t is said that the
main object of the institution of the trial
by jury was to guard accused persons
against all decisions of fact by men in
vested with any permanent official au-
thority.
scThe Jury must be left free to act. "
'EThe final decision upon the facts is to
rest with them, and any interference by
the court is irregular and wong" A
Judge cannot express his opinion on the
force of the evidence directly or indi-
rectly. The State must be heard by her
counsel. If the prisoner has no counsel
employed and is unable to employ counsel
the law requires the court to assign him
counsel.
Better far, it is said, to dispense
with jury trials altogether than
for the Judge to urge his opinion of
the facts upon the jury; for under
such q practice he decides the cause
while avoiding the responsibility. Cody
Cons. Linn. 800. How often would a
jury be found bold enough to declare
their opinion in opposition to that of the
| Judge upon the bench, whose words
would fall upon their ears with all the
weight which experience, learning and
commanding station must always carry
with them? Id. The administration of
| Justice, said Blackstone, must not only be
chaste, but it should not be even suspect
ed. Bl. Com. S 1888. The Judge is for
hidden to charge the jury with respect to
matters of fact. He may state the testi-
rnopy, and declare the law. And within
this narrow compass as to the facts, is
cicumscribed his duty and his functions
alike. 1t was made grave question be-
fore this court IN the case of Cash VS.. The
State, 10 Humph. ia, whether or not it
was an error authorizing the reversal
of the judgment that the judge after
the testimony was closed and the argu-
ment begun suggested to the Attorney
General that the venue had not been
proven. The court refused to reverse on
that ground, but intimates as the basis of
its Judgment that such an interference on
the part of the court did not touch the
merits of the case. We are not permit
ted to assume such ground in this case.
We are admonished by the exception that
the interference of the court in this case
tended directly toward the conviction of
the prisoner, and this is admitted by the
solemn act of the court in sttesting the
bill of exceptions. We do not impugn
tho motives of the cDurt. On the con-
trary, we believe that the court conceived
it to be an exercise of legitimate discre-
ton. We cannot speculate as to its effect
upon the fortunes of the prisoner. 1t is
sufficient that it might have been fatal to
him. For this error alone we reverse the
Judgment, and award the prisoner a new
trial SNEED, Judge.
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