The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-10
TRIAL BY JURY.
BILL TO PROTECT THE JURY FROM THE

BILL TO PROTECT THE JURY FROM THE
BENCH
To THE EDITOR OF THE nERALp:-
limitation, by positive enactment OF law,
should be placed upon the power OF judges TO
comment on the testimony in their charges to
juries. An evil OF grave character exists In their
abuse OF that power, which tends essentially 10
affect the spirit OF popular and individual nde-
pendence. The habltual and Involuntary MIS-
treatment OF the jury trial by some OF the Judges
tends to destroy that spirit OF independence
necessary to Tree institutions Instead or direct
ory charges upon the law only after the facts have
been permitted to 60 to the jury, some OF the
judges, In almost every instance OF trial before
them, would appear to overlook, In some degree,
the true character OF the jury by too strongly init
mating 10 them their opinion OF what should be
the jury's verdict upon the facts. THIS although
1t arises certainly from the best intentions on the
part oil the judges, gives 10 those particular per-
sonages an influence which the constitution never
INTENDED.
the Jury trial is the grand pivot upon which the
practical rights OF tree State turn, and unless
that be guarded freedom Is but q name. 1t was
never intended that Judge should suffer 1t to
be believed that his opinion on a mere point Of
TACT should control that Of the Jury. The evil which
might grow out OF this position would tend to
utterly destroy the magnifcenr and fundamental
right secured oy the principle that the opinion OF
the jury alone. IN the TACT. Is to determine the
ISSUE History has told US that In the old coun.
tries such has been the conception OF some OF their
judges OF their inlaIlibtlty that instead OF having
used their powers as the safeguard OF the people.
they have rom tiiue 10 time abused this most
sacred OF principles to the endapgerng OF civil
right, the ACKNOWLEDGEMENT OF their personal and
political views, and the dsparagement OF the
honor and independence OF the Bar.
In reference to this particular subject. the Bar
are to he viewed, In re alton To the Court as the
agents or representatives OF the people who nave
The honorable portion OF them have
from time mmemorlal presented a strong
tSe Bencs and the rsSss Of the
community, and they have never had cause to
Shrink from an honorable competition with the
Bench wnen the issue has been the wreath OF
learning or the need OF merit. An equlvocal
judge Is worse than the traitor; an upright Judge
one preventive against the possibility OF such
an evil in this count try as is above referred to, with
also against the more innocent practices of our
own Judges as above stated, would be a law man
the Jury directly upon the lalO only and expressly
to charge them that as to the matters OF fact upon
the evidence before them IT was not the province
OF the Court even to pass an opinion, but that on
that subject they, the jury were the sole aud exclu
sve Judges This course IS pursued by many OF the
States IN the Union, where a char &c lrom the
Court upon tho amount or weight OF evidence IS
unknown. Experience has sometimes taught
communities to contemplate the judiciary win
respectful, but cautious eye. Upon this delicate
subject peculiar sentiments, however founded.
would appear IN some measure 60 find place III the
public mud OF our own community. lie time
does sometimes arrive when thoughtful commu-
nl,y through lis constitutional channels, feels The
necessity OF protecting II ON Itself Jurisprudence
proudly DOastlng the most exalted features. Evils
terminating In Small causes nave overlh brown en-.
pres. We live Ia a great republic OF opinion, and
history has told US that MANKIND are TOO apt 10
involve system in me private or i'll
dIvdual conduct or CONSTRUCTIONS OF
the functionary, and care shout therefore
be taken to relieve system II ON even the pos
sibllity OF SUSPICION. The Judge whose conscience
Is pure and whose mind is enlightened will appre-
cate the reason OF the utrerance OF the sentiments
thus freely and simply expressed, and. feeling an
interest well ior the rights OF the public as his
own comfort ON the bench, viii see IN them only
an effort to rectiiy an evil II which he Is aware.
similar views W the aoove were expressed many
years since Ia an Address inc society Of Tam
many or Columbian Order TO It's absent memoers,"
aud II AT that time the evil was wortny OF such
pubic comment, how much more now Is the neces-
SHY Ior legal restriction. In accordance with the
views herein expressed a bill mas Oeen introduced
In the Senate OF this State.
Fab