Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-12-03
~uy LAW AND TIE MoBIN the
nr-tTEAU TRIAL. - ty


Tstbere IS any specially appropriate
placeIor an iron man, It Is On tne Ju.
eial bench. = v -
While We CAM !, MANY nart;c.,L
i:srs, &C mmend the course of the presid-
ing Judge at the GUITEAU trial, and are
at a loss TO account for his excessive toll
Grafton toward many phases of the con-
duct of the spectators and the accused.
in that most peculiar case, yet We can
not but appreciate and admire the one
trait in Judge COx's character, which
the avalanches of public criticism
have made prominent, and that
Is, that these criticisms do not phase
him. They do not move him one
LOT from the course which his Judgment
dictates. He evidently intends that his
Court, and not the public, shall try the
case, at least upon its legal and judicial
merits. He is not of that kind Of judi
ciaI timber which panders to public
praise or fears to face adverse criticism.
III is not doing his whole duty, he, at
least, is doing his duty to his own judy
ment and his own sense of the fitness Of
things, and in so doing is bringing hon
or upon the position he occupies, wheth-
CT or QOl lu1l Justice - uOtlc III SiC ONu'~
over which he is presiding.
1t was to be expected that the judge
presiding over this trial would become
the target of adverse criticism. There
has been q general sweep OF rather reck-
less comment pervading the press oPin-
ions, nearly all Of which created the I'M
preston of impatience at any delay In
hurrying the wretch to the gallows. 1t
REQUIRED a,udge ofsOme independeneeof
character and conScientiousness to stand
patiently and calmly between the mob
and the law and direct the trial to
legitimate conclusion.
In more respeete than this, IS the posi-
ton trying one. 1t is peculiar case.
1t is novelty in criminal Jurisprudence
to see a prisoner on the wltness-stand
engaged in constructing theory OF his
own insanity, fortified with his own
statements upon matters OF fact, and en-
deavoring to expOund to jury the pre-
else nature and degree of his irresponsi-
bility for his own acts.
While general exception Is taken ID
the indulgence granted by the Court to
the prisoner, it is probable that Judge
Cox regards his demeanor in the Court
room a. legitimate part OF the evil
dence to which the defence is entitled
under an insanity plea.
Moreover there Is the very difficult
attitude which the Judge presiding over
this case must occupy, of neither appear
ing to give color to the belief in the
prisoners insanity nor of discouraging
that plea. He must be neutral. 1t Is
not for the Judge, but the jury, to decide.
Must the Judge, therefore, accord him
the rights and consideration due to q
sane person, or must he treat him as a
sort of judicial ward and put unusual
restraints upon him?
Here is the trying part of Judge Cox's
duty; for, if he distinguishes between
him and other prisoners, he thereby vir-
tually pronounces him insane, and de-
cides the whole question in advance of
the jury; while, on the other hand, if he
gives unusual consideration to the pris-
Oner's eccentricitieis he prejudices the
case in the same manner. Neither Is it
certain just how far the court may go i'll
restraining him. 1t Is q case without
precedents in many respects.