Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-01-28
JUDGE FLIPPIz AND THE PEEss

JUDGE FLIPPIE AND THE PEEss.
Tie conduct Of Judge FIippin in ex-
cluding reporters for the press from
the courtroom during the eXamins-
ton Of witnesses in criminal prOsecu-
tons Is approved by sW-sbiding citi-
gems It was in anticipation OF this
purpose Of the judge, that the AP-
PEAL's reporters were Instructed only
to state general facts affecting the muir
der trisl now pending We have
learned that not only are questions Of
guilt or innocence prejudged by iuries,
but that it is impossible when the AP-
PEAL publishes VsT6G,tn reports OF the
declarations OF witnesses, to find in
tellfgsnt jurymen that have not
ss formed or expressed opinions" Il
Iiterate fellows, or those who will
swear falsely that they are ignorant
in order to acquit, become the arbi-
ters Of questions Of life and death, and
the worse result necessarily follows,
that crime goes Unwhipt OF justice,
ana the best men, finding that the
court does not punish murder, are
forced to protect themselves. There
fore decent Law abiding men have
been forced to wear arms, and thus
the inpJssIbIity OF executing the ex-
treme penalty for crime begsts count
less crimes. Practically, while the
press gives UeI6qtim reports Of tesi-
mony il criminal cases, Witnesses
cannot be "put under the rule" Fifty
or mere witnesses may be called in
the pending murder trial. 1t is ne
csssary that they should not know,
urtiI examined, what has been proved
bv any other witness. The press, il
it publish the evidence adduced
each day, viii make it the
COMPULSORY duty OF the sheriff to
TO confne and board all the witnesses
Ia order to prevent their access to
newspapers. 1t is commonly alleged
that a Jury is controlled quite IS much
BY the conduct Of the spectators that
crowd the courtroom as by the law
and evidence. The sympathies Of the
crowd are shaped by the newspapers
or by facts they recite, and thus the
press is either the prosecutor or an &C
tive agent in behalf OF the culprit's
exculpation. The potency Of the press,
even in the courtroom and during the
progress Of the trial, is therefore neces-
sarily recognized. The impOssibility
ofsecuriDg u jury deemed trustworthy,
caused by the full reports OF the press,
has often resulted, as every respectable
lawyer asserts, IN the scqaittal OF the
most shameless murderers that ever
went unwhipt Of justice. The AP-
PEAL does not propose either to be a
prosecutor or the apOlogist OF crimi-
nsls. There are two men charged
with murder; the one friendles5 and
penniless; the other, blest with money
and friends. The one finds the court
room filed with those who smile and
applaud when any incident betOkens
his possible innocence; the other Is
stared at as a hideOus monster by the
reckless mob. The Jury looks on, and
Il is palpable that one viii be dis
charged, and the other, whose offense
Is palpably least heinOus, will be con-
demned. 1t Is the press that made
spectators prosecutors; 1t was God
that made US creatures Of sympathy.
Judge FIippin has done wisely and
well, and we would fain hope
that the day is not distant when hu-
man lile-wnether Of prince or peas
ant, Of rich or pOoz, Of the friendless
and unknown or the idol c! countless
friends-will be as securely guarded
in Memphis courts as in the "old
country" that gave maternity to
Common Law. A gllded murderer
should hang by the same rope, by the
same jury, through the same apph-
suce, and aids Of Justice as the poorest
outcast who takes hie. 1t is the press
that has often thWarted the ends OF
justice.