Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1874-02-06
bort q oodfr6 Qimes
PORT ACCO:
Friday Morning, February.........6, 1874.
Trial by Jury.

Trial by Jury.
For some time many of the ablest legal
minds, in this country and in England,
have been agitating and advocating the
propriety of the abolition of the trial by
jury. Standing in the light of some recent
verdicts, we are inclined almost to favor
this view. Certainly verdicts of !juries, OF
late years, have brought much discredit
upon that institution, which has hereto
fore been held to be the bulwark of our
liberties. Verdicts, instead of being rend-
cred as required by the solemn oath of the
juror, according to the evidence" are now
too often directly in conflict with it, and
rendered in accordance either with some
mawkish sentimentality, or outside per-
sonal or political influence. How men OF
sense and rectitude in other relations OF
life, when called upon to discharge the
most solemn duty which can be devolved
upon them, registering an oath in the high
chancery of Heaven of their purpose to
find verdict in accordance with the law
and the evidence, can violate that oath
and their duty to their fellow citizens, fol
the sake of a temporary popular applause
or a romantic sensibility, passes our com.
prehension. But it is done, and done al
most daily. And when we see it SO re-
peatedly done it inclines US to think that
the whole system is failure and has out
lived its day and usefulness, and therefore
ought to be buried with other relics of the
dead past. We know it to be the daily
practice of members of the bar, when they
have bad case to defend. to pray jury
trial, but when they believe their client
has good defence they are always unwi!l
ing to trust his fate to the uncertainties
and eccentricities of the jury box. All
this is a sad, sad commentary on this in:
stitution, which was heretofore the proud
est boast of our Anglo-Saxon forefathers
and which we were educated to think the
most valuable heritage handed down by
them to us. And the saddest part of ii
is that it is all true, and we are having
daily and hourly illustrations of the fact
that in criminal cases, at least, jury trials
have become by-word and reproach to
our name and institutions. We might
mention innumerable instances to prove
the correctness of these assertions, but we
need only specify few. In the recent
trial in Richmond, of Page Mccarthy for
the murder of young Mordecai, killed by
him in duel, where they had both gone
out to the ground entertaining towards
each other the most deep-seated malice
and with predetermination on the part
of each to kill the other, the jury, under
the solemn sanctity of their oaths, calling
Heaven to witness the truth Of their YER
dict, declared there was no malice afore-
thought, no deliberate purpose to kill; in
short, no murder-for these elements the
law SAYS constitute murder-but stultified
themselves by finding Mccarthy guilty
only of involuntary manslaughter."
The recent trial of young Resley, at
Cumberland, for the murder of young
Clary, and his acquittal amidst the plaud-
its Of an admiring audience and sympa-
thetic court is another sad illustration of
what we have said. Young Clary, the edi-
tor of one of the Cumberland papers, wrote
an article which reflected upon the father
Of young Resley, who at the time was a
eanctidats for reelection to the office of
County Clerk, position he had occupied
for the last twenty years. Young Resley,
without even reading the article, but sa-
tisfed with hearing that it was distasteful
to his father, proceeded, armed with re-
volver, to the Office of Clary, encountering
him on the steps, he asked if the article in
question was written by him, and upon
CIary's reply in the affirmative, drew his
revolver and shot him twice. These are
the salient facts of the case. And yet 6
jury of twelve men, any one of whom would
ordinarily have scorned to lie, unhesitat
ingly bring in verdict Of mot guilty,
and turn loose upon the community thi
unconvicted murderer to endanger TIT
lives of better men than himself, and per
haps compel some man, in self-defence, tt
imbrue his own hands in his ruffianl.
blood.
The virtual acquittal of Mccarthy was
a defiance of the law. But in the case o
Resley the consequences are, if possible
more disastrous to the public at large. L
is direct blow at the freedom of the press
and journalists, who feel it their duty t.
comment on the short comings or miscon
duct of public men, will understand thai
they do it at the risk of assassination
There are but two alternatives-either the
Journalist must be cowardly derelict in
his duty, or he must educate himself in
the school of the revolver and the bowie
knife.
Executions in Maryland To-Day.
Davis and McCotter, two convicted and