The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-04-15
MIR. o,ooxoR,sAprRoAcH1Ne TRIAL
Ky What Kind Of TriounaI-The Problem
Fairly solved.

Fairly solved.
To THE EDITOR OF The SUN-Sir. In the
dearth Of existing legal causes in progress Of
trial, public at in,ion will naturally be directed
to the approaching trial OF Mr.. O'Conor. Ihe
methods tina. he sugce Is are three, viz: bv the
Bar Ascot .tou, y iury II merchants, or by a
mixed jury Of Pro testdnt and Istaelitish clergy
men.
The first Proposition IL out OF the question for
several reasons. The Bar Association was incOr
poratcd Under "a statute passed in 1871, for 'he
purpose Of maintaining the honor and dignity
Of the profession Of the law. OF cultivatng social
relations among It's members and Increasing its
usefulness in promoting tho due administration
Of Jusur.."
Now, The meaning Of this is that the profess
sional conduct only OF members Is to be a sub
ject o. investigation by the association. The
wording Of their charter can hardly admit of
any other construction; and II there be any am
biguity about It, we must look nso the question
Of the intent OF the trainers OF The section, pre-
cisey as our statesmen consult the debates
among the trainers OF the Constitution OF the
United States, to get what light they can upon
the Intention Of the Fathers % the Republic.
1t Is well understood that Mr.. Henry Nicoll
was one OF the fcthers Of the Bar
Association, and in fact the chief err
chitect who superintended tue laying OF
its broad and deep foundations. and designed
the stately ana beautiful structure that rests
thereon. He never could have intended that
the private character Of members should be a
subject OF inquiry or Investigation. fraud,
peculation, dishonesty, could not have been in-
tended by him to he u barrier ia the way OF A
successful practitioner who desired to become
member OF the association. The only point
to which his exertions were directed was, the
dignity OF the profession OF law as profess
sion; that is to say, he desired 70 establish a
body OF men who, whatever their motives or
lid .sl.Nl
would attain their ends through the law, by law
full and proper ileans.
Now, the accusation against Mr.. O'Conor IL
not that lie was guilty Of sharp practice, not
that he used any I'm proper means to win his
case not that he betrayed his client, but that az
praised for acting sratuitously when he really
acted for pay.
| Again, the Committee on Grievances Of the
Bar Association Is established to consider com
| plants that shall be preferred against member
Of the ASSOCIATION for III sconduct In his relations
to the association or 10 his profession by
| members pteferrtnR the complaint. IL was
never supposed that any msmoer would pre-
| fer = complaint against himself or ask the
| committee or the association to try case where
| there was no acouser. Mr. 0'Conor, With the
acuteness that has always distinguished him,
foresees this difficulty and says in his memorial !:
In this connection IL has occurred to me that
myself might be excepted TO-" Ii this he Is
quite right. The experience OF Mr.. Bsecher in
submitting his case to tribunal OF his own
choosing Is evidently present to Mr.. O'COnor's
| mind and he appreciates the fact that a verdict
| or decision rendered 10y such tribunal, how
ever satisfactory II may he TO the accused, Is not
| accepted by the public with the entire conf
| dence which air. O'Conor would desire to Sc
cure.
| Tho second proposition. to 4" let any number
| above twelve, composed Of merchants or any
other lay class, be selected by any fair method"
| also has Its difficulties. The method Of selec-
| tiOn would alone give rise to debates and doubts
and difficulties. Again, jury of merchants Of
| even IL fairly selected, would be very likely To
| decide the case In accordance with the views of
| the majority Of lawyers. IL Is well known that
| tho leading merchants Of New York take great
| interest IN politics, attend primary meetings,
| every proper way TO influence each election to-
| ward the side which they believe to be right
| IN these efforts for which those citizens OF New
| York who are not le0utng merchants can never
| properly express their gratitude), they have
learned to bow 20 the will ofthe majority. How
then, would th.y regard this case
Here are Mr.. O'Conor and the Bar AssocIa on
on one side. Mr. O'Conor is one and tue lIsi
Association has (oesidss Mr. O'ConoT) $50 mem
lawyers In New York. Mr.. Van Cot, in one o
his brilliant speeches before tue Court Of I'm.
| pedchment at Saratoga, upon the Impeachment nj
Of Judge Barnard. wnen Mr.. beach alluded t.
the Bar Association Of New York, SAID that II
contained oil that was respectable. all thst Wa
ylrtuous, all that was eminent, OF the Bal OF
| New York, OF words to that effect.
| Mr. Van Colt was chosen, among others, bS
the Bar Association to represent II at the i'm
peacnment trial. There Is NO doubt that lie pre-
sentsd its views: he Remaining members Of
the Bar OF New York. who do not belong to tn,
Bar Association, numbering $500, undoubtedly
think that all that Is respectable, all that II
virtuous, all that is eminent" Of the Bar OF New
York exists outside Of the Bar Association.
This jury Of merchants then. not being unde
| the CONTROL of any court see iug that TINS lin In,
shape that MIR. o COnor pr poses TO present ID II
lawyers question, will undoubt. dly feel com
| p6llec to we'd To Tho opinion of the majority o.
| lawyers, aud the matter viii stand thus:
bar Association, claiming that all their
memoets must be right in all things, and
| that all lawyers not members must be
| wrong IN all things. Observation-Disclosures. 60
LAWYERS, not members Of the Bar Associa-
| ton, Claiming that tue association il
| humoug' aud that -" all that Ia vrtuous,"
| &C., Is outside OF the organization. ....... $50
| Thus this jury would reason that 1.-THE otlt
| have II, aud Mr. O'Cunor would be convicted.
Inns would never 40, ana We must turn 10 tn,
third proposition, the Protestant aud Israel
| iti~h cleTgymen Of this city,
There must be, on Mr.. O'Conor's plan, any
number ABOVE twelve" 1t would never do /;
| have precisely twelve-six protsstants and 81,
lsraeites-because in the intervals of the tris
tue former would inevitably epdeavor To con
vert the latter from Judaism 10 CHRISTIANITY
Toe arguments would be long aud tedious
would be continued from day To day ard from
night 60 night, until finally the jury, like tina
| celebrated German VINO succeeded In prolOng
| ing his dreams, so that TO him the dream-lif,
became the reality and the actual life Tn,
dream, Will dream away tue O'Conor Contro
Jews"
| 1t is apparent, moreover, that six Protestant
cergynien and six Israslitish clergymen vii
never agree upon any one subject, and the laoo
OF deciding the case, outside of the dreamlant
question already iGgested, viii rest upon thOs,
| OF tue jury wno exceed that number. MouIt
not one dOi He would complete the magic
| though uulucky numuer Of thirteen. And ",
have Judicial authority Tor that.
| Jurle, have, before now. been reminded tina
| IL takes thirteen to render Judgment and tina
without the appreciation of The court their yer
dict could he Of no effect VINO snail the thir
teenth bel Bishop Potter has lately recon
mended DY circular to the iuembers OF tht
| Protestant Episcopal Church n gentleman q a.
thans, We think is his namel who being jew
| ish Rabbi. mas embraced the doctrines OF ChrIstt
AnItv. lie might lie selected the judge o
the foreman Of jury ~ thirteen. HIS lie rninl
as raObi wonld commend him To the lsraeit
| i.h clefgynen. and his conversion To Christian
| ity o. the Protestant clergymen; ana to Inn
1 would be committed the delicate task of weis
ing the evidence IN the balance.
| When the tribunal Is thus constituted. win
will be the managers, ana what testimony vii
be SUI mittedf QUERY.
A FRvOrite Republican Candidate in lows
From ne harrington Gdseae.
Roscoe Conkling is, TO our mind, not onl,
the aulest nut the most respectable representa-
tive at ths kepubliean party la the nat ion. q hin
there cllugs no STAN OF dlsnonur, Huu no puilticu