New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-12

| magnannlty. MOreoFcI, Co"H'i"o ~
those who fight ducls are presumably men
of the incest honor and have done nothing or
| which, according to their theory, they shouid
be ashamed would it not be q little more con-
sistcDt if they should be ready anywhere and
everywhere to avOw frankly what they have
done and 80 far Justify it in the eyes of men
About the preliminary of this affair there could
Inc no doubt. When Mr. May assaulted MIR.
Bennett he was liable to immediate arrest and
summary punishment, nor would he nave at
temptcd TO escape them by telling falseh0od
about the matter; yet he would not hesitate
we suppose to allow his friend in court to
he guilty of q suppressiO reri III his BEHALF
though this would be much like telling an un-
mitieatcd untruth The tribunals OF this Com
monwealth are to be defed the Grand jury
ia to be lindcred i'm the discharge of its
duties; the prosecuting officer of the State is
TO be prevented from doing what the laws
command him to do; so far as these parties
are concerned there is to be general suspen-
sion of these laws; and all this to help a
handful of men out of q difficulty into which
they plunged with their eyes wide open and
with full knowledge of probable conse-
ouences! Whatever course the courts may
take, it is certain that those having the wei
fare of the community sincerely at heart
would never be guilty of proceeding 80 self
ish. For utterly selfish we call it, thus de-
liberately, for the qualification OF personal
possion, to strike ut the foundation OF all
good government, and to take advantage
of their human infirmity to impede the
operation of wholesome laws. Because
our whole system of Jurisprudence, of
fundamental law, and of the common
law of the social compact, none the less worthy
of respect because it is unwritten, is impaired
by every mrecOgpized or unpublished infrac-
ton of its provisions. 1t is possible to keep
without the statutes and yet seriously offend
the good sense, the reasonable prejudlces and
the moral distinctions of mankind. Surely
considerations like these will not be wholly
disregarded by those who are truly honorable,
reasonably intelligent, and fairly conscientious.
Because the law is very liberal in its regard
for privileged communications, and tender in
respect of determination, it by no means fol-
lows that any witness may refuse to answer
either through within or self-interest
The present instance must not be COMPOUNDED
with the refusal of Mr. Orion to testify re-
specting the dispatches forwarded or received
by the company oil which ne Is lnt Htdu, De-
fore a committee of Congress. The point to
be settled is whether dispatches intrustcd to
the telegraph are privileged. very import
ant question is thus raised which we do not
here propose to discuss. 1t is hardly to be
supposed that the company would insist upon
its rule, if the disclosure of dispatches were
found to be necessary in q case of murder or
of attempt to kill.
The arguments before Mr.. Justice DOnOhue
yesterday were able, and they were ingenious
perhaps rather too much so. The public will
acouiesce in the d0ision of the learned Judge
whenever it shall be promulgated nor do we
care to conjecture what it will be. We have
endeavOred to present the moral aspects OF the
case and to appeal to the good sense of the
public. Whether the parties to the recent
duel are to be punished by the courts or not,
We trust that it will be long before these
vexed questions of law shall be argued again.
Now is the time for an emphatic expression OF
public sentiment. Pray let us have no more
duels, bloody or bloOdless!