Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-03-11
lFRoM OUR REGULAR CORRESPONDENT
New YORK, March 9, 1877


New YORK, March 8, 1872.
If any further argument were needed TO show
the worthlessness of our jury system, it may be
found in the present condition of the three
''causes celebres," of which l have already
spoken, and which are now nominally before
our courts.
In the Stokes Fisk case, the ostensihlc point
of which was that a petit jury should deci lie
whether the grand jury who found the indict-
ment were anything more than an illegal
"mob," speeches of ponderous length were
hurled at the unoffending twelve jurors. AT the
close the judge his name is Cardozo, of whom
most likely you will have to hear more, an
nounces his decision. Whatever else may hap.
pen, am glad to say that here at least it was
the only right one. He decided that there was
nothing upon which the jury should pass. 1t
was as have before said, just point of law,
resting solely upon the court for decision. This
decision was to the effect that the grand jury
was legally constituted, and so its action was
valid This upon its face looked like defeat of
the brace Of thieves lawyers who manage the
postpone the trial, which is the one thing for
which they have really struggled. So they rain.
ed in perfect storm of exceptions to the deci.
sion, and demanded twenty days to put them in
order and file them. Isuppose the judge had no
legalalternatiye butte accede to the demand The
result is that the exceptions will, month or
two hence, be argued before the court Of APP
peals, and when their decision is at last given
the real case may come to trial; that real case
being whether Stokes killed Fisk, and whether,
if be did so, it was justifable homicide or MUIR
der or mansaughter in any Of the various de-
grees. There is no reason why the case, as far
as the evidence goes, should have occupied more
than day. 1t could be as fairly tried to-day as
it can be six months hence. The proof of the
"body of the offence" that is, the alleged fact of
the shooting, rests solely upon the testimony of
not more than three persons. Without their
evidence, the case must fall to the ground. Now
suppose that these two or three witnesses shall
somehow disappear before the trial, there will
be no legal proof that Stokes ever shot Fisk; ali
the statements which filled the newspapers will
be only SO much waste paper, so far as the trial
is concerned, for jury has nothing to do except
with the evidence actually adduced on the trial.
1t is no part of my present purpose to give any
opinion as TO the guilt or innocence of Stokes.
The simple point is, that so far as the jurors
were concerned, they were wholly useless. They
could by no possibility, have anything to say in
the matter. In this case the fault was in the
law itself, not in its administration. Therefore,
the whole system should be swept away.
Next comes the trial of oar mayor, Mr.. Hall.
have already written to you about the tricks to
get jury, and how in the end the contest hung
upon the selection of the last man. 1t took
whole day to find him; and then to the surprise
of all men who had watched the proceedings, he
turned out TO be man every way fit to try the
case. Now comes the trial ITSELF The mayor
had rather ostentatiousy announced that he
wanted a speedy trial upon the bare merits of
the case. There should be no tricks, as far as
he was concerned Every official act of his had
been honest and honestly performed. Whatever
he had done he would ayouch and justify. |
hoped that this would be so; for as a
citizen ] could not fail to be ashamed
If our chief municipal magistrate should be
proven to be either fool or a rogue. The
mayor, himself a shrewd lawyer, really con-
dncts his o,vn ooso oyn ,bot ~, dison
pointed in the matter as itnow stands So far, it
il IN ottemnt n ,,cl,,,, yi,lerc 70 ,1,i,,,r.
which nobod, ,,raton4s N ,1,,,I.+,h o r,o.. A.
no+ saw that these foc,s discroli, tI,o ,,,,or
do not say that his acts were wrong. But | do
say that his effort to prevent the proof of them
is suspicious. But all this is question of law,
o5o C,n or,,,t,,in5, NO 49,, -, 49,
rorco do,or ,I,,,,, IS ,.,.,,l -
mon r,,a,tors raso.;,, ,,,;a, 49, ",-u''o
will he TOLD hy tho co,.t ttat t,,o ta, Ivy
to saw Hero too tbo c,,It :, ;,i 'lo'l'n7
If i, tho ord 49,. :; - "' 20, .ue 9'9''ln
the case ia tr;od ~, a., 49,, ~ l"S'
The iurv arc ,yorso ,ha,, ,,saIas IT,
honest thew will do inst what rho indro to @
them. If There bc one ,o,,ne or Soo, -. '1,is
Them he can as far as tbis r1ot,or aool ,llS
the action Of tho mos. ,,nr;,,ht i,alTo -
dict con no ronlorod ,,hat,or - ,,a 80 -,
or ,,,,,,-,o,,, -, w., N4''''"'
Thor ,l,oro 4, ia -, o,sa 80
s,ol,o, a.. ,,,,,. -.
inror, :, toI,on s;o,, No,, no an " Wv
Tho, ,bo n,r,o. IT,, 49,. va "e'e,'u
Verde. nc could ho ,,iyor h., +ho Who'll" ,a,,,a
But tbe nlantiT viii not corson, tha, +bo aasn
sball oo IN hocoro tho orovoa II, has No. VS.
on his side and 60 .Io oaso 10 o5ia,,.,,a1 e,.
awhile unt !, con to soo,, ,,hot,,or .,o,.
iuror viii rocovor Snnnos,, ,I,a+ No a., No.
warrant is there that onother NAV NOT sucormr2
If Womb indeed ho yotbor = meter or ,,,on1,.
~ da,,, - ,,
one of our court rooms vitbont onoar ,noro 81
them giving away. No mo,,er a, What
stare of the trial This should taLo
place, the result is incvi,ob1c An mat Laahao.
a.. -. ~. -i'' '"'' ia" o'oh