New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-06-21
OFFICIAL JOURNAL OF THE srArE or LOUISIANA.
NEW ORLEANS SUNDAYS JUNE 2l 1874

| was any John Mulvey. The facts 60 to
show that there was only one Mulvey, and
that was the one that served and the one
| that had been Summoned.
Mr.. Beckwith dwelt at length upon the
strange neglect upon the part of counsel
for defense to raise objections against Kelly
until the verdict had been rendered. They
had neglected their duty. He argued that,
having accepted the jurors, defense had
now no right to ask that the verdict be set
aside except they could show an error in
| the verdict per Sc.
| if the verdict of jury with these two OBJ
| iectionable members thereon, was good as
| to the five accused who had been acquitted,
| it was also good as to the three who had
| been found guilty. To annul the verdict
as to the three, would be to annul the ver-
dict as to the five.
Mr. Mari then rose to conclude. He be-
| gan by stating that Kelly would scarcely
have been challenged as an alien by the
defense, for he, himself was free to admit
| that an alien, ii he was an honest man, an
intelligent man, would made as able a juror
| as any one who had not formed an opinion.
| The man Kelly was objected to because he
had been convicted OF perjury. He was
ineligible to serve as a Juror in the most
trivial case in any State court. How, then,
could such perjured man be admitted to
j
property, the liberty, the life even of citl-
zen!
He urged this imperative right to reject
periurer, not alone in the interest of &C.
cused, but to maintain the purity of our
whole system of jurisprudence. Alluding
to the district attorneys assertion that
counsel for defense had neglected to inferm
themselves of the facts in the case, and
make their challenge at the proper stage of
the proceedings, Mr. Mari said that cOan-
sci could make no investigation, even
though they had been in possession of the
facts. Referring to the objections raised
against the charge to the jury, Mr.. Mari
| read from various authorities in support of
his position. He referred to the case of
Penn and Mead, as set forth in the second
volume of SJarkey on Slander.
The hour being rather late, the court
| took recess until six o'clock. His honor
Judge Woods stated that he had received
in the morning dispatch from Judge
Bradley, stating that sickness in his family
| had prevented him from earlier communi-
| eating; but that he would shortly send his
| opinion on the motion for arrest of judg-
ment.
At six O'Clock in the evening. court hav
| ing been opened, Mr. Mari rose and con-
tinued his argument.
He began by reading from Long on the
| British Constitution, an extract wherein
| is set forth the power of juries in crimi-
nal trials. The extract decides that juries
| had the right to render verdict as to law
as we'll as to fact.
| Mr.. Mari quoted from Magma Charta, in
| which is guaranteed to every accused a
trial and Judgment OF his peers, JMdtctun,
purio,.um suOymm. Mr.. Marr asked what
was the meaning of the word judieiun,.
He appealed to philology. The word
js.dicimn, flowed freely from j.der, and
a.ler meant judge, and judictum meant
judgment.
Mr.. Mari then read from Story on the
| Constitution, section 1889, second volume,
wherein the quotation from Magma Charta,
| already alluded to by Mr. Marr, appeared,
and was eulogized by the commentators.
| In the passage from which he read, Mr..
Mari called attention to the tact that the
word judiciup, was translated judgment.
Speaking Of criminal law, Mr.. Marr said
it was simple and easy to be understood;
that any ordinary man could understand
and apply it, and whether he could or not,
| it was plainly the intent of the trainers of
the great palladium of our liberties that
the pasioruna suoratna, the jury, should be a
safeguard and bulwark between the subject
and power.
MIR. Mari elaborated at great length upon
! this idea. He aimed to show that it was
l
it never could have been their intention, to
deprive themselves of the only protection
they can have from power.
Mr.. Mari concluded by summing up his
authorities, arraying score OF decisions OF
our own State courts, the Supreme Court
of the United States, decisions of English
courts the opinions and judgment of the
greatest English and American .jurists. In
| closing he demanded to know, If, when our
ancestors at Runymede wrung from an un-
willing sovereign the Magma Charta, did
they intend that the pdri0rNn suo''Ana
therein granted should ever become an at
| tenuated, lifeless thing9 Did they intend
that jury should be simply twelve men,
who should have no power to judge for
themselves, but should merely sit in jury
box to carry out the will of some one else.
Reverting to the allegation of laches, Mr..
Marr read authority to show that no negli-
| gence could be shown. The panel had been
drawn by the proper officers. 1t was there
fore assumed by counsel for the accused
that the men who were offered as jurors
were honest men. There was nothing to
put them upon inquiry as TO the moral
character of any one offered. 1t was not
| their province, nor was it expected OF coun-
| sci, that they should insult each man Of
fered by asking him if he was a perjurer
4 and a convict. Mr.. Mari closed by an ap-
peal to the sense of the court. He asked
that his honor would read over the charge
delivered by him to the jury. and to delib-
| crate over it in his closet and Judge if there
was not contained therein direct invasion
| of the rights Of the jury.
Thus mildly, neatly, and at times elo-
quently, did Mr.. Marr alternately lecture
and dictate to the court, while his honor
patiently and serenely listened to the close,
! which occurred at seven o'clock.
| Judge Woods then announced that he
would render his decision ON Saturday next.