The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-16
Mr.. Beecher's "Friends'' and "Ene-
mies.'s


The Brooklyn Edglc-the most vigorous ana
enterprising journal in the State outside the
city of New York-expresses dissatisfaction
with what it CONSTITUTES as the uniriendliness
OF portion of the press to Mr.. Beecher dur
ing his trial. 1t strikes us that friendships
and enmities are equally out Of place IN pub
lie journals during the progress of an investi-
cation in a court of justice. Newspapers ylo~
late plain duty when they attempt to throw
an atmosphere Of either prepossessions or
prejudices around any of the parties. Neither
anger, nor favor, nor zeal can alter past fact
1t is not within the power OF Omnipotence
itself when thing has been done to make II
otherwise. Now, it is the proper business OF
a judicial investigation to ascertain the I'M
changeable facts, which must alike remain
facts in spite of human belief or disbelief.
Passion, prejudice, friendship may distort
or discolor the truth, but they cannot
alter it. We think, therefore, that
the Brooklyn Eagles warm partisansbip
for Mr.. Beecher in the course of this trial is
not conducive to the ends of justice II
Judge Nelson or the jury should evince o
similar spirit they would forfeit all claim to
public respect. This would be equally true
if their partialities or prepossessions were
given to the other side.
1t is too evident that Plymouth church and
the people whom it can influence have been
engaged from the beginning in a strenuous
attempt to bias the public judgment, if not the
opinions of the jury, by demonstrations OF
friendship and confidence; their floral offer
ings in the first days of the trial, their out
bursts of applause in the court room, their
warm and ostentatious greetings and hand
shakings in the presence of the jury and audi
ence at the close of each days proceedings,
are calculated and intended to surround Mr..
Beecher with an atmosphere of favor to serve
as a contrast to the solitary and neglected
plaintiff Such things tell on public sentiment,
and it is because they tell that they
are so freely and demonstratively INDUCED
in. Mr.. Beecher's hosts of friends would show
a truer confidence in his innocence If they
trusted his vindication to the simple facts
given in evidence. He must stand or fall by
the facts; and if he is innocent the facts
ought to acquit him in the judgment OF i'm
partial men without resort to such arts.
That part of the press which wishes to see the
scales of justice held even tries to guard itself
against the influence of the electioneering
tactics which are SO freely practised on one
side in this extraordinary trial and which the
fewness of Mr.. Tllton's friends does not per-
NIT to be used on the other. For the charge
of unfriendliness against part of the press
there is no other foundation than their un-
willingness to form judgment on any other
basis than the evidence
The Beecher demonstrations in the Brook
Ign court room will recall to classical scholars
the arts practised in ancient courts of justice,
when the rules of evidence were not reduced
to strict science Us they are in modern tribu-
mails, and cases were decided by appeals to the
sympathies of the judges. Even in those
times the absurdity of such practices was
keenly felt by shrewd observers, and strik-
ingly displayed by the comic poets. There is
laughable scene in one of the plays of Aris-
tophanes, in which he ridicules the admins
tration Of justice by scene in which a dog of
ing piece of meat, and litter of puppies is
brought into court to play on its sympathies
and influence its decision by their piteous
winnings for their afflicted parent-the poet
intending to ridicule the practice of appealing
to mere favor and sympathy. In a mod
ern court the sole question would
be whether the mother Of the interesting lit
ter did actually lay felonious jaws on the
piece of meat in question, and the piteous
plea Of the about-to-be orphaned puppies
would be allowed no place. This change of
practice has been assigned by critics as one
of the reasons why modern judicial eloqueDce
is less passionate and affecting than the
ancient. The Plymouth church demonstra-
tons in court are a partial return to the
ancient methods. But "the truth is the
truth" no matter in what direction proposes
sions may run; aud the truth is to be ascer-
tanned by a cool examination of the evidence
Friendship and unfriendliness are alike ir-
relevant, and it is an impertinence to try to
influence the public judgment by anything
but clear argument based on ascertained facts.