Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-28
Judge Humphreys on Newspapers.


safe burglary case now tending Ia the Criminal
Court, Judge Humphreys yesterday made the
following remarks with respect to newspaper
comments Oh the trial, having first sent the
Jurors cut OF the room:
We set ont in this case to have trial accord
ing TO the miles Of law. / made the IliBg yes
tetdsy, and the suggestion which did in re-
gard 10 the jury, for the reason that during the
trial OF this cause publications have been made
that, in my view, would tend 70 Obstruct the
uisl, ard II these precautions had not been
taken Of requiring the jury to keep their minds
exclusively open TO the reception and impress
sion OF the evidence in the cause it might have
led to confusion in the trial of the case. There
Is = direct heading in one of the pspers--it IL
headed "a mOckery OF justice" In another a
gOOJ many things are sad, and extracts made
from other papers. The last il Sunday paper.
IL IS strange that the Sunday papers should
contain q kind Of aggregate OF insnua-
tons; charges thst appeared TO be reserved for
that day to be put forth to confGse and poison,
an attempt which appears like intimidation.
Now. this Is illegal. And what say low L am
saving in Kindness. after elaboration as a con-
vIctiCn OF my duty. charged IS an with the
orderly conduct OF lnis case, and nobody else
uncer the organization OF this governments a
this present time and in the mode of proceed
ings can step in. We profess TO be governed by
law. L have stated two or three times during
the course Of this trial that all parties are emu
tied TO be tried by the rules OF law. IT, bv these
rules, after far and impartial trial, a psrtyis
found guilty be must suffer the Onsequences Of
that finding. IL he is found not guilty hs gpes.
70 use very appropriate term that heard an
other use, he goes "aCQuit,n and that Is the
language of the law-boOk
It is a serious matter 10 attempt to interfere
with regular trial, conducted, not according,
gentlemen, 10 outside Influences, bat ACCORDING
TO the rules of law. So far as comment is con-
eeTned upon the conduct OF the judge who now
Iresldes, IL may be made; 1t will not be inter-
fered with by me, but so far as the jury is con
cerned, II Is my sworn duty to that they shall
not be lnterfered with, nor shall the proceed
iugs in this Gaze by publication We can con-
troll, so far az the former Is concerned, to the
precincts OF the courts, by this summary pro-
cess, and it Il not so certain that the summary
process may not he used in regard TO the inter
ference by publication. Suppose that whilst
this jury was being formed, and after IL was
formed, that some man had stepped in the
courtroom door and announced, that is a
packed jury" within the hearing OF the court
does any body suppose they could not have been
instantly dealt with summarily, as long as the
contempt remained unpurged? Now, what
difference is there in that declaration being
made, and 1t being published where it Ia ext
pected that the public will read the paper? NV
impression Is, and say 1t in all kindness, and
cay 1t with view Of bringing to the attention
of persons what think they have omitted 10
notice in the provisions of the law, ii this court
is TO be held a. a United States court, under the
PROVISIONS OF the acts OF Congress, parties who
do this may be punished.
IL 10 Is 70 be held as not only having the juris-
dict1On of nlted States court, bat also the
y9risdlctlon which attaches from the state or
Maryland, then clearly the punishment could
be more summary. Now, combine the two,
then, as Is probable; WHY, then if YOU take II
as under the act OF Congress, the two acts one
which limits the power Of a court, passed esrs
sgO, as applicable to the punishment for con-
tempt OF that which occurred either in the
presence OF the court, or so near thereto as to
interfere with the progress of a trial, that has
been supplied by very recent act OF Congress
/ do not mean the act which has been denOnin-
ated by the public as the "gsg law" but me An
snOther In 49, Congress passed an act-AU-
gust, 1sI2-snd Judge Field called the attention
OF the grand jury OF California, in his charge 10
the grand jury, in this language:
g AT its last session Congress passed a strin-
gent act to prevent the continuance of a per
nicious practice, as well as to prevent any
attempt TO influence the administration OF ius5-
tee e0TruptIy or by the intimidation of jurors.
IL If entitled An act TO prevent and punish the
obstruction OF the administration OF Justice in
the courts Of the tnited States Ii enaets that
II any person or persons shall cOrruptIy, or bv
threats, or force, or by threatening letters, or
any Threatening communication, endeayOr to
influence, intimidate or impede any grand or
petit jury or juror of any court of the United
states III the discharge OF his or their duties or
shall cOrruptly, or by threats, or force or by
threatening letters, or any threatening commu-
hlcau0Bs, influence, obStTUct or impede, or en-
deafor 70 influence, obstTuct or impede, the due
adminisratOn OF justice therein, such person or
persons so offending shall be liable TO prO.ecu-
ton therefor by Indictment, ana shall, on con-
ViotOn thereof, be punished by fine not exceed
ITg SllCO0, or by imprisonment not exceeding
one year, or by both, according TO the agrrava-
ton OF the Ofense.' IT also euacts that III anv
person or persons shall attempt 70 influence the
action or decision Of any grand or petit Juror
upon any issue or matter pending before such
lUI or, or before the jury or which he il a mem
ter, or pertaining ~ his or their duties by
WTltlng or eenolng to him any letter or letters
or Any communication, in print or in writing in
relation 10 such issue or matter, without the
order previously obtained OF the court before
which the said Juror Is summoned, the person
50 offending shall be deemed guilty of a Ioiste-
MT amor, and shall be liable TO prosecution
therefor by Indictment or information: and
20 aiI on conVlction thereof be punished by fine
not exceeding Sl,CO0, or by imprisonment not
exceeding eight months, or by both, such fine
ara Imprisonment according to the aggravation
Of the Cffense."
New, ii you take it that this act does not an
ply to this court, then this court would haVetb
jurisdiction that the courts or the states Womb
have, and we all know that almost every state
exercises the jurisdiction; almost coextensiys
with the jurisdiction that was exercised by the
supreme Court Of the State OF Illinois. There
could be no stronger meaning used to inf ence
those which have been published in relation 10
the organization OF the jury. This Jury was
sworn; was tried; was accepted according to the
S \. , Iuies OF Isw ana they purged themselves
II they have committed perjury in saying that
they had not formed such an opinion as would
influence tht m in their action In this case, then
they are liable TO another proceeding After
this trial Is over; after it has been gone through
with; then there may be room for the propST
exercise Of that liberty which belongs to the
press, which can never be construed 6owsxer
liberty OF the other departments of the country
l sPpTehend that any body " no mi ght be indicted
under any OF these acts would prefer 70 be tried
by the rules Of law, and to be entitled TO his
challenges, and to be entitled to the strict
holding, as be always should be, and shall be as
long As / am presidiEg, than TO be tried by the
mob. IpTefer these majestic columns, n NAV
use That expression, which stand and that ara
thrown as protection around the citizen, aud
that he is TO be tried according to those Old
TOT ms without any influence; without any pre-
JUDGE.
IT'S SWEET To HKAR THE WATCH Docs
HONEST BARK"-BUt Here is one WhO HIS
SONSoed HIS Last BOi0- WOiy.-Y esteTday, be-
tween and O'Clock p. m, quite an excite
ment was caused at the corner OF 18th and ID
streets By the savage attack OF bull dog upon
little eolored girl, ten years old, named RAJ
cbel Coleman. II seems this little girl, with A
companion, were crossing 18th street. when
they were met by Bill Coleman, colored, who
was leading the dog by means OF a stout chain
attached TO his collar. In passing, Coleman set
his deg upon the little girls 10 frishten them.
at the same time giving out tue slack in the
chain, when the dog sprang upon this girl and
nearly tore her LETT ear on, and lacerated the
bsck part OF her head shockiDgly; at the same
time with its powerful paws stripped her nearly
"a q ma hr.,rY,