The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1881-01-20

Try every one Oi tUcAu. 1Su VIII ci0ssltN
see that you ought not to talk about tn
cases or be talked to with reference +
any OF them that are to come on for tria
during the term, all of which YET
should stand prepared to hear aud deter
mine and with fairness toward all til,
parties.
Necessity requires for the speedy dis
| patch of public business that parties am
their witnesses shall be in ATTENDANCE
| prepared for the trial of their cases whel
reached. These parties and witnesses
will be scattered in considerable number
| throughout the city ct the differeni
/ hotels and boarding houses, frequently
| at the places where some of your number
are stopping. They will be inclined t,
| talk about and discuss the business whiel
| has brought them here and it will be diff
| ticult in some cases for you to avoid hear
ing the remarks made or taking part il
| the conversation; yet it is your bouudei
iuty to keep yoursel les aloof from hll
! such Influences. Generally, statements
are made inuocently and without the in
tention of prejudicing the interest OF par
| ties yet they should not be needed. If
any person shall undertake to talk witt
| you in reference to the case in which you
are empaneled to try, or shall talk abou
! the case IN your hearing you will inform.
| him of the fact that YOU are on the jury
aud request him to desist from such con-
versatlon. Should he persist in continu
| ing such conversation after such warning
On your part you must 60 away and I'M
mediately stop the interview, reporting
the offender to the court at the very first
| opportunity. The same care should be
observed IN respect to cases for future
| trial as well as to the one on trial.
The mode sanctioned by Law for ascer
tanning the facts of each case is for each
party to produce his witnes es i'll cour
10 testify under the sanctions of an oath,
they being subject to cross examination
After all the testimony is given, the ad-
dress ofcouusel made and the charge of the
court given, the case goes to the jury for
their consideration. No other way of
,, inding out the facts is just or lawful.
The method spoken of has been estab
iished by long usage as the best for doing
complete justice which could be devised
by the experience of the wiset men IN
Jurisprudence. Any departure from this
open and fair trial is condemned 10y all
courts everywhere and all secret or hid
den influences that attempt to turn the
course of justice from its proper channel
Is stamped with disapproval. Every law
suit is of great interest, at least, and gen
orally of importance to the Immediate
parties to it. They are fully awake TO
every thing that tends to affect its result
even in a remote degree and keenly SEN
sitive in experimenting or feeling any
danger which may threaten their cause
when 1t comes from some outside current
which they have no means to meet aud
overcome. This feeling is shared by
their attorneys and perhaps with more
force than by clients.
Snch feeling of apprehension and dis,
trust should not be permitted to exist as
it casts suspicion upon the purity of
courts and the integrity of jurors. Every
lawyer and his client should rest abso-
lutely safe in the firm reliance that his
case is to be tried here and not elsewhere,
that he shall see every step that is taken
and hear every word that Is spoken which
bears upon the matter that is to affect
his property, character or liberty.
You will fail in your duty and | shall in
mine III permitting anything to be done
to shake this confidence.
| have been led to make these remarks
as a caution to you for the reason that in
some localities complaints have been
made of misconduct of jurors out of court.
Silence ont Of court In regard to mat
tiers that are to come before them for
adjudication is a cardinal maxim for
jurors as well as judges to follow. Yet
A. FPannanfiv lao h..f,rp Ariat
Is ended for one party or the other to be
assured how the jury stands, oftentimes
the names of those favorable or unfavor-
able being given. A juryman has no more
right to talk about case he is to try
with the party, his witnesses or in fact
any person, at any place public or pri
vate, out of court than [ have to hear one
side of it at my room at the hotel in the
absence aud without the knowledge of
the opposite party. In both instances it
would be very wrong aud scandalous in
the highest degree. Such conduct might
not in popular language be termed COR
rnptbut it is equally bad and far more
dangerous, OF more subtle aud iusidi0us
nature, more difficult of detection, poi
1oning the very fountain head of justice
and Is to be spurned by every honest
man.
1t may generally be taken as true that
a party who knowingly and Intentionally
undertakes to talk with the Judge or
juror about the subject of his suit at an
improper place without the presence of
bis adversary for the purpose of obtain
ing favorable consideration has either
bad case, is dishonest himself or is en-
tirely ignorant of the law and sometimes
possesses all these qualifications that
ought not to belong to a good citizen.
Casual remarks may be made in your
hearing about controversies on trial or to
be tried. To these remarks so made you
will pay no attention and give them no
weight whatever. They are frequently
uttered carelessly without much thought
aud with no expectation that Importance
will be given to the words spoken.
Sometimes they are made Intentionally
by irresponsible persons who have no per-
sonal knowledge that what they say
true and to which they would not dare to
testify in tribunal of law. Issues Of
fact are not TO be decided by popular
sentiment, by the speech of the people
pn the street who have only partial
knowledge of the case but by the speech
# the witnesses on the stand and upon
all the facts and circumstances shown in
evidence III each particular case Per
sons speaking beyond the court room are
under no responsibility to speak the
ruth, tue whole truth and nothing but
the truth and cannot be punished for
'peaking falsehoods however gross or
monstrous.
1t Is contempt of this court for any
person to Intentionally approach one of
your number or seek to talk with yon
tbout any matter on trial or to be tried
At this term. If any one, no matter who
ne may be, shall so approach or seek to
raik to You upon the subjects spoken OF
or in the manner stated, 1t will be your
duty tn report such person to the court
tor the punishment provided in snch
cases. An insult Of this nature to you is
al insult TO this court, of which you are
part. which Will be promptly attended
to.