Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1877-11-21
. BAD RULE RESCINDED.
The Rule Excluding Reporters from
the Criminal Court Set Aside
and Abolished.

When Mayor Flippin was Judge Of tie
Criminal Court some years ago, be or.
dered a rule entered of record f~orbidding
newspaper reporters from reporting or
publishing che testimony given in Grim.
inal cases. In none of the States is
such a rule enforced, it being considered
far behind the age of intelligence, and
belonging to the dark ages of law courts
in England. The object sought to be
secured by the enforcement OF the rule
was to prevent newspapers from furnish.
ing food for an opinion as to the
guilt or innocence of an accused to
the mind of a man summoned as a
juror. Under the laws of this State
at present if you have formed or ex.
pressed an opinion as to the guilt or in
nocence Of the accused, and have formed
that opinion from reading the newspa.
pers, you are disqualified as a Juror. In
many of the States, now under a more
enlightened idea Of justice and law, read.
ing a published account Of q crime and
forming and expressing and opinion
therefrom, does not disqualify a citizen
from being a juror, he being sworn to
decide the case according to the law and
the evidence-the evidence as detailed
by the witnesses, and the law as laid
down by the judge; aud evep in many
States the defendants are permitted to be
sworn and to testify in their own behalf
The result of Judge Flippin's rule was
to exclude all news as to criminal trials
from the public, because if a reporter at.
tempted to report the testimony he
placed himself in contempt Of the court,
aud was liable to be fined and impris.
oned. Judge Adams, who succeeded
Judge Flippin on the bench of the Grim
inal Court, rescinded the ridiculous rule,
he regarding it as a relic Of a barbaric
age. Judge Logwood who succeeded
Judge Adams, took the opposite view, re.
adopted the rule, and again the repor.
ters we're excluded andthings went on in
darkness 40 before.
Yesterday the reporters having ex.
pressed a desire to report the evidence
in the Woodbridge Wait case for publica.
ton, Judge Logwood announced from
the bench THAT no would rescind the rule.
Judge Logwood said:
There is a rule Of this Court, made by
q predecessor, aud maintained by me,
forbidding the taking of testimony fol
publication. After consideration, | be,
lieve this rule does no good, as an &C
count of the transaction is read in the
newspapers anyhow, and as the rule IL
all other Courts is to the contrary, | ROW
rescind this rule.
In all other cities 10 the United States
and even in England, at present no sucl
rule is enforced. 1t has long since beer
swept into the trash basket of the past
it being not in keeping with the advsnc
ing intelligence of the age. When thu
criminal law Of the State is so amended
as TO permit q citizen to act as a juror
even though he read a newspaper &C
count Of some occurrence and hat
thereon formed or expressed an opinion
as to the guilt or innocense of the &C
cused, you will have more intelligen.
%juries, fewer mistrisls and a greater
number of criminals convicted. 1t is t
be hoped that the prescribing rule Of ex
c%lusion will never again be known tC
our Criminal Court.