, 1873-06-21

MARSHALL Mlch., Juno 10, 1673.
TO tha Editor af Tho Chicago Tribune:
s1n: In your issue Of the 14th inst. notice
your article on the rocont decision Of tue New
York Court Of Appeals, oyerruling the deoision
OF tho Supreme Court Of that State, thereby |
awarding to Stokes now trial, for tho or1ozs
committed, first, by tho trial ut niBi prius and |
second, affirmed by the Supreme Court on tho
questions OF law presented BY the record.
I have read your article with caro-, and, al
though am not prepared to 'indorse tho princi-
ple to the oxtont you soem to advocate, yet, +
can BOG much wisdom in some Of the reflections !;
but, at tho Bamo timo, think something may bo
aRid On the other side.
You SOON to advocate tho making OF some
Codo-some writton arbitrary set of ru1eB-to be
adhered to in such trials; and I nm aware that
tho results Of many trials tend to give the greater
part Of public tho impression that, after all, tho
legal investigations Is FARGO. Now,1 maintain
TINT laymen md casual Observers do the legal
profession great injustice by their hasty oriti>
cisms, No ono who has not been called upon to
alministor the law can undorstand tho difficulty
Inherent in this branch OF government. And
apprchend thnt but few appreciate the import
ance and bearing that tho courts have IN Hocur-
ing our lives, liberty and property.
Now ii wo take Retrospective view Of tho
efforts of mankind to advance from barbarisn,
anarchy, deHpotism, and oppression, NC shall 500
that tho masses havo been found to run into
extremoa, md dnfipg !. the e. heat r,,Sa Of
wrongs Frequently this Excitement reaches tho
executive and Legislative branches of govorn-
ment. But tho history OF civilization shows that
tho courts have been moro stable; and, af-
tor all the imperfeotiona and shortcomings, hero
is whero NO hnve been saved; hero il whore VIC
nre brought to face both sides Of questions,
which reBu1ts in sitting infinitely the whole; and
1t iB hero whore truth-eyoIlastlng tTuth--comea
to tho surface; and what, to casual observer,
often seems absurd and moro delay, Is but tho
price VIC pay for or nborty.
Now. I do not say that the surgings of tho
public mind, and tho inordinate pess1oAs Of tie
mad hour, mover reach and operate IN
| civil government is the last to givo way,
We ill know that, for Rome time past, tho
masses havo bcon clamoring to hnng,-hang !;
and it is quite possible this may have warped
right OF having those cases reviewed in a calm,
! diBpasBonate manner IL llt the aobor second
thought, aud sursly our Government is strong
enough to mako hasto slowly whore lfo Ia at
| Htake.
TIC wonder, nftor all, is not that 70 many
mistakes aro made in trials by jury, but that 90
| fetu arc made.
notice that in tho Stokes case, the Court OF
Appeals find mistakes In ruling upon evidence,
Of the most difficult things Judge has to do In
prosiling over trial " jury = ruling! on
testimony. In Greeonloafs work on evidence,
tho whole doclrain is stated In very few words,
and would seem, to . person without practice,
to DO plain and quite simple. But We notice
that, when wo came to apply this. docrain, or,
in other words, theae general raloH, to the
Thousand and ono particular and ever-vaEying
cases that camo VI, on trials, we arc often per.
upon Sa,1sa the asA spur @ Nv0' Of tho 10 moment ef
And cortainly 1t IL quito possible that Testimony
at the t might seem qa,s entToy Say agse1 ad
upon a full and complete survey Of tho ontlrd
cane, it should appelr to DO OF any value tht
defendant is injured and, II this IL dsregaraed
then VIerty ~ regulated By law bus suffered o.;
this becomes a precedent for all time to opproa
others. And hence 1t ia that, In this way, goot
or bud law oomeH to operate to save OF intlre, "
tho caso may be, And bo 1t remembered that, o
ertyln ourcountry, whether written constitutions
nets of Legislatures, or otherwiso, the rule
that arc published from courts OF tho last resort
like the New York Court OF Apponls, arc th
able.
Thin ia common law, founded In iuHtice,-
everlasting justice, ,-teHtoa by the experience 0
agos. Ono Of tho marked diHorcncoa betweon
! written codo md an unwritten rllo is, the cod
/ attempts to anticipate and dooide in advance
! tho common law rule applies the rule OF juHtic
in tho spirit Of equity to tho transaction AZ 1t oc
CURED. And, Whenever Court lays down Ell
. that does not squire with good, sound logle
| | and Ia not In accordance with juctlce, IT
| cast aside Us q mstako, aud Ia not fol
, lowed. And 1t is angular fac
that, ut this momont We projected III olir pei
i Sons and property to 4 worry great oxtont, b
. rules Of law, tint have been promulgated b
tleso courts of last resort IN a quiet and nnat
! a,l1uinK mannor aud rules that tho mass c
,nnnklild do not learn Of until, perchance, the
: ! rights have been invaded.
0 Tlo civilized world la goyornod by tho force
tho wisdom and justice OF tho doolsiona Of theE
{ Judges Sometimes the uninitiated will, IN til
0 heat OF cxotemont, displace man, as tiloy llas
. In your btato but, sooner or lator, good nent
: | will prevail j. n. 4.