New-York tribune., 1873-05-26
70 Ae Ediior Of The Tr'bans.


To ihe Ediior Of The TrtoHne.
Srp Your correspondents, Roscoe and
A Lawyer are both wrong IN their attempted vndi-
cation OF the legality OF Judge Davs's action IN me
Train csse They beg the question by assuming thai
fber was no question Of fact % e decided by the jury
ana that me only Question isV1oea ~ tne case was
fac which was for the jury, and which Judge Davis
ra,an ed the Jury from passing upon. That question
Us lad Train cOmnn ted crime by publishing an
ohceue paperf Unless the jury found The Train Ligte
m m oiscene Train had committed 10 crime. aud was
entitled unconditional acquittl IL is nOtevery n-
sane accused person VINO Is 20 be sent 10 unac asylum
by iuo ge upon trial OF Indictment Insane Grim
innls not insane persons committed crime,
those whom the Court 0f oyer and Iermner Is au-
thorzed 10 send to an asylum. Judge Davis from
the iy their proper function OF determining whether
the publication Was obscene and whether Train was
criminal In doing so he erred No sophistry, no cta-
ton OF authorities. can paate the conduct OF Judge
Davis In taking from the jury their right 70 decide upon
the character IN respect 70 Obsceny, OF Trains publ
cation. repeat II the publication were not obscene,
Train had committed no crime II he bad committed no
crime he ought not 70 have been sent TO Utica as an IN
sane criminal Il is only where crime has been com
miIIed and the accused Is iudsputabiy guilty and ad-
mtted 10 be insane that tne COnrt Is dnthOrzed 70 pro
oeed Jndge Davis proceeded IN the Train case To be
sure, nc great harm has been done MT Tran may Oe
speedily set at large but Judge Davis Is 70 try Tweed,
and trust he viii be sufficiently crcumspect 10 have
cOnvicuOn stand II jury shall tnd him guilty. yH.
Nelr York, May "A, 1878.
VIEWS OF ONE WHO rs NOT LAWYER.
To the EdttOr Of The Tribune.
SIR: I read with some interest the cOmmu-
nicatlOn In Fridays TRIBUNE signed " LAWYER IN
defended but warmly applauded. As think a vital
principle of liberty s involved the matter. ask
favor Of a reply I not a lawyer, consequently do
not know whether Judge Davs's conduct was techni-
cay night or not; but Of tis am convinced that any
unureildeed man desires 20 the Bench the en-
bOdinent Of dignity ana justice, must pronounce II
morally wrong From the beginning OF the tral the bias
OF ms mind only too plainly seen; indeed, he APP
pears e taken no pains to conceal IT, II ne had
been the prosecuting attorney he could not have snapped
at the defendants counsel with greater baTness De
manifested an mpateHce and haste which gave the
spectator idea that ne had wagered 70 put the case
through gwen time Before everything else Impair
taty and equananlty should be the virtues most con-
spicuou. the Bencn lack OF learning ana briianey
can overlooked Judge, Dut lack Oi fairness never
But your correspondent completely ignores the one
vital fact The which, n seems 70 me- yiilate ms
laOOred logic II ne was hOt aware uI Tue Iact'
Judge Davis must have been thoroughly familiar Win
the trial which took place only Few DAYS before, ~
which Trains mental condition Iiao Deen patleAt9
inquired into, ana which Resulted in verdict eX-
ms oeTfsct sanity 1t was The imperious Judge
Davis in irving 70 ride rOugb-shOd over tno decision Oh
very dangerous precedent Judge DAVIS says DO lad
satisfied himself in minute from the reply OF Dr
Cross al Train insane, but u men had satlsned
themselves after an infinitely longer ana more pauoht
inquiry, That he was nOt Am " understand tnat the
law is verdict OF the jury can be nuned Dy
the action Of the judge, tearing through the case with
passionate haste should really IKE legal opinion on
this somewhat vital question from some Gear-headed
expOunder. But Judge DAVIS says III the WIT when
was luended 10 cOlslsu 1IaI 20 io ulN o 20 a. i % "a.
INSANITY Tram still continued How did ne DO ~ de
asKed Dr. Cross the question, expert said such
WIS mis- belief But mat opportunity afforded DT.
Cross informing himself Oh TINS SUBJECT aHoctlnE le
liberty ana happiness OF fellOwOengi Could lie tell
IN bv merely LOOKING him, he sat silently in the
doc WIN The rose N lis buttOuhOlei Is t possible
that a man may been .uuatic fortnight ago anu
AS wise a. Judge Davis today Is 10 not possible tDAt
N Judge Davis mad been anxious TO administer exact
iusrce. aud had afforded witness opportunity
quietly and patiently % examine ITaiD he might nave
found his mental condition altogether different from
what 10 was he nTst examined mint But 10, this
brilliant aud able dispenser VI justice bures the dis
agreeable affair through with haste ana lmpauence
winch are mildly characterized III being called simply n-
decsnt note packing man Oh 10 an asylum
10 nerd with madmen. t1Ough lie had been pronounced
perfectly sane only days before Dy jury VI hls
peers.
ou1rageOusv baspnemOus aud indecent that he ought
punished. precisely 10 ascertain thls point
That TIE prosecution which Judge DAVIS brought % such
sudden termination Instituted Train IN his pre-
vlous rla had pronounced sane, and consequently
fine present jury 10 determine whether his actions we're
criminal or DOT.
1 certainly cannot he ranked among the admirers OF
the coming Dictator" any such there be. The slight
acuualuiance nave with his writings does not give me
a very high opinion OF his common sense. hardly
think that auv OF average Intelligence would thlak
ms edusOns worthy OF serious cTucismi indeed they
seem 10 me only remarkable for being the grOtesque e1-
preston OF au utterly absurd egotsm. But men can
be Fseut 10 the lunatlC asylum When their egOllsln
REACHES the lndlcrOus point those convenient establish
meuts viii have De- multiplied beyond CALCULATION.
am afraid even Judge DAVIS mgnt nDd his personal I'D
erfv ID DANGER Tor hardly remember having seen
dangerous 61lDltlOA OI esOt4sLn l!iaH IL soA
duct this LAlAAN
AeeTork, May "a. 1873.
JUDGE DAVIS TECHNICALLY WRONG.
20 the EDITOR Of The Tribune.
SIR: I have inst read in THE TRIBUNE Of
this morning the Communications from " Roscoe" and
LAWYER" IL seems that, their haste IN com
aNto nF In fllvT FtlpW