New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-12

and Won may not care to reprint the whole Of IT, lw
quote enough justify my description and summary OF
It above spoke Of 10 discussing the conduct Oh .n
trial Almost every in It lie devoted 10 'na
discussion, but take this as specimen:
As IL is the last straw which breaks the camels
the patience OF the Lord ChefJustice seems 70 a 4,
been fairly exhausted by the examination a. IA
was OF this particular witness for he went 30 is %
observe bluntly that Mr. Richardson might Just ~
have been left at Conmel Probably most ol veil A
era will agree with us that IL woua nase Va not only
uttered but enforced by Judicial authority, at III
stage OF this intermnable trial
And again =, .tn,
II this sound principle had been duly borne m n,nu
It is Incredible that every trooper In the sbond
who could recall the features OF Roger TchpornU cb evil
have been put into the witness box or that SUI. Non
dence as that given by groom. named rage Y" No.
day, should have been treated rs material 80,
said IL expressed clear opinion OF the gum " Vs.
defendant and deprecated further proof. INC "0i''
these ,o,
OF eourae II IL can BIO shown by many Independent
trains of reasoning that the claimant is, IN al , ~
probability, other than Arthur Orton, Tue aarv to
this cumulative proof VIII approach very ~ e. con
mathematical certainty though 1t may st IS ,he he
vert those OF his admirers who apparently h9 o IN the
lief that he both Arthur Ort0n and rightfu ne ~ a
Baronetcy But there Is such thing as oyerpo stt
allegation and the essential allegation mere e still
entertain tbe opinion which we have frequently cn a.
pressed, that 1t would have been wiser 10 emu, 7, with
Inc simplest form of Indictment and To support
evidence moderate in quantity, though OF lno ~ owl
possible quality 1t is deluslon 70 the gronpd
deDce which is absolutely Irresistible, unless tho ~
can be cut from under it, gains anything IN t
the sheer multiplication Of Witnesses IT mne,e wilder
esses have told A consistent story 10 can only a,
the Jury 10 hear il repeated by twentieth espec -
he conesses that his memory was refresheu Ny 'o"'
ence with the rest. -, -. i,
said IL advised the Court 10 stop the prosecution anu
direct the defense be opened which It does al VI"
more significantly by adopting suggestive ana inter-
rogative forms OF assertion.
lis no secret that all this inordinate pro1y mas
brought great discred In the eyes OF fOre ign w
the litllous" system OF criminal procedure WILL
walls in this country. III the prosecution OF the
had been virtually conducted from the first ny the
ON the 'inqusoral" system. might have De1 ep p
pleted in few days. The Lord Cnlel md da
have selected the strongest heads Of evidence anu us
posed OF them one by one, causing the most n
aud DISTINGUISHED witnesses 10 be called fst uhue
head and calling upon the counsel for the DEFENSE
10 meet their depostons before proceeding TO another
We fOrbear obvious grounds, 10 Indicate INC cv
which the case, TINS directed, would proDaOy haEe
taken. hut We have the slightest doubt that IL Wuu
have eOnduced far more effectively 70 d pIonps ~. .h
cOvery OF the truth, whateyerit may be- AS 70, f
Jury NAV for all we know, be unanimous IN regarung
such and such piece Of evidence as decisive uhcso ~
can be rebutted aud yet they must needs ehuaIo %
much further suffering the counsel Tor the crown anu
the counsel for the defense choose 10 exact run
them. Is there really no remedy for THIS, anu n,se
three udges continue 10 look twelve iurymen with an
impasye counenance for weeks or even months lohger
rather than express by word or lOok-not Ioresoe
conclusion but opinion that 1t Is high time lor TUG
defense 10 be openedi
1t is still possible of course that the Court NAV, on
reflection, deem itself strong enough to summon The
Times to for its open violation OF what is caed
the law of contempt will not predict what Will nap
pen in that case but have too good an opinion OF
The Times to believe 1t viii apologize recant. lhope
il will take one step further don't think ought 10
he content with the liberty Of saying what 1t likes In
the interests the public IL ought 10 claim the same
liberty for its contemporaries and 1t would do ITSELF honor
by defending the humblest Of them against judicial per
secutiOn. g. W. =