New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-15
.IIRY THRILLS.

common law was held to be incapable OF
giving any valuable or Trustworthy evidence
in his own case end yet the great Tichborne
cause seems to have turned almost mainly
upon the demeanor and testimony of the
claimant in the witness-box. The stupidity
Of the old rule consisted in the assumption,
first, that all men are liars, when it may be
for their interest to lie /; and, secondly, that
the best way to get at the facts is not to in
Quire of those who. er neccssitdte, must know
them best. In most civilized lands, these
judicial dogmas have gone the way Of trial by
ordeal and other superstitious notions. The
work of law-refOrm, however, is yet in its in
fancy. Thus far we have found out no
method of rendering justice cheap. certain, and
speedy. The fundamental idea of jury trials
is an excellent one. Yet still we are as
silly as silly can be in the selec-
ton of jurors. What can be less
rational than our theory that juror must not
know that which is perfectly well known to
nine -tentlls of the population That he must
not, for some time past, have read the news
| papers7 That he must not have formed an
| opinion or expressed it, when to form and
to express one has been tie fashion, That,
having made up his mind according to an
unofficial and limited statement of facts, it Is
impossible for him to change it upon fresh,
authoritative and plenary statement made
under oath7 That he cannot give an impair
tial verdict, because he happens to be the
third or fourth cousin of one of the parties7
Then, too, what greater folly can there be
than to refuse to receive testimony from
witness who has peculiar theological opinions,
IL; IL Io 1o
specially punished in the other world for per-
| jury committed in this as il men might not
| shrink from falsehood out of q feeling Of self
| respect, or out of an innate veracty Of nature,
without considering the personal expediency
of truth-telling7 We do not pretend to say
that all these whims of practice may not at
some period of our civilization have had their
value and so it may have been useful once
for all the lawyers and judges to wear wigs
and gowns; so 1t may have been better once
| to conduct all the proceedings in law-French 1;
so it may not have been nmiss to subject a
man suspected of homicide to the ordeal Of
touch. Why should not the world improve in
| law-practice, az it improves i'll every other
science7 Fortunately, the spell is broken.
We no longer believe in the infalibility OF
Judges or jurors. We no longer think that
all witnesses ere itching to commit perjury.
The rest will follow in due season.
We confront, to-day, another important ques-
ton of legal procedure The trial of Mayor
Hall, which has been so fruitful in startling
scenes, promises to be equally rich in legal
lessons. The appearance of Goryey, the dis
appearance OF Connolly, the destruction Of the
| Erie Ring during the trial somewhat prepared
the public attention for startling events; 80
that when Mr.. Clarke was reported too i'll to sit
with the rest Of the jury, there were many who
imagined that his illness was a fcint in the inter-
est Of the accused. But he has given proof only
too authentic OF its commences by his death.
This event puts an end to the first phase of
the trial, unless to-day both parties agree
either to go on with eleven jurors or to elect
a1nicably II successor to Mr.. Clarke. 1t is also
rumored that Judge Daily desires to withdraw
from the case and it is certain that if new jury
is formed there viii be an entire change in
the line of testimony adopted by both parties.
So that the proceedings of to-day will be
awaited with especial interest, to determine
whether this important trial is to go Oh
promptly and seriously to its conclusion, or
whether it is to wander feebly off into n long
duel of argument and objection, to end by
wearing out public patience and dismissing
| the Mayor to his liberty and reputation
tainted by charges neither proved nor reiuted.