New-York tribune., 1881-12-14

that the press is quite promo to ad-
wise, and sometimes to undertake to dc
tate, in matters of professional practice
involving questions of law and pre-
cedent wherein the Judgment of the layman
should have little OF no weight. But we sub
nit that the suggestions made at the opening
of the trial, when the prisoner first began to
scandalize the whole proceeding, were very
natural if not strictly proper. The press SAID
almost unanimously: Remove this pestilent
{. e.assossin from the Court and let the trial 20
Z" on in his absence, if he will not keep quiet.
And upon the answer being made to this that
il would raise a question upon his constllu-
tional rights which in case of his conviction
might furnish ground for new trial, 1t re-
flected the general sentiment and the common
sense of the public when it said, " Then gag
him." Neither of these things was DONE and
the loathsome creature goes on day after day
in the enjoyment of his highest delight, max
ing show of himself.
Besides insulting and abusing the witnesses
and counsel, he was permitted, on Monday, to
say to the jury, for whom it was cunningly
contrived, that the "high-tOned, conscientious
newspapers are saying almost with one voice
"that il would be stain on the American
"name for a jury to hang man III my condl-
"tion on the ID of July" This is VIGOROUSLY
false. and he knew it, but he gets the asser-
ton to the jury, who are not permitted to find
its falsity by reading the papers, and there is
no way to get formal contradiction III eyl-
dence Now it may be that this sort OF tmng
must 90 on and cannot be hindered. But how
long would it be permitted in any ordinary
criminal trIal7 Were this case less notorious,
had this murderer only shot down common
man, would he be allowed to carry on at tins
rate in the Court where he was on trial for his
life 2 There has been in the press very gem
eral and, we think, just, criticism OF the con-
duet of the spectators and attendants ana OF
some of the court officers. In mitigation OF
this censure it is said that the scenes in the
courtroom have been misrcpresented; that
there has been only smile where Laughter
has been recorded and that really there has
been no such unseemy merrimcnt as
the reports would lead one to think
We'll. let IT'S take it at the best And
even at that, how has the behavior OF
the audience comportcd with the time, place
and occasion? What is there in it to remind
one that the crime of the prisoner at the bar
brought mourning to the Nation and sent a
thrill of horror through the civilized world
Put back this trial and the scenes attending it
TO the week of horror that followed the COM
mission of the crime or the week of lamcnta-
tion after its consummation. How, at the best
phase that can be put upon them, would they
fit in with the public sense of propricty Who
would have laughed then at the lively salles
of Guitcau
Must the scandal continue? Must this
shameful show 90 on? Cannot at least the
Court be cleared of spectators, and so much
saved to public dcccncy2 Already the
packed room has generated foul air to such
an extent as to cndangcr the health Of the
Jurors, some of whom are reported to be SUI
fe1ing vislbly thcrcirom. The best excuse that
has been offered for the singular lcniency of
Judge Cox toward the prisoner Is his desire to
furnish no pretcxt upon which to base mo-
ton fora new trial, OF for oycrruluS the verdict
To avoid any such contingency, rs well aS 60
give the prisoner every advantage In case IN
which there is danger of his being made VIC
tim of prejudice and passion, Judge Cox las
granted the latitude winch to ordinary minds
seems 10 border on license But the illness of
a iuryman caused by the foul air OF the court
room will compel a new trial without this one
having reached conclusion. 1t Is of the
highest importance, then, that the health
of the jury should be cared for Simply
for that purpose, would it not he wise
70 clear the courtroom Of spectators and give
the Court and jury pure and wholesome air
Judge Cox is no doubt doing what he thinks
wise in avoiding giving any prcteXt to the
f.. e., Tnp trial The
packed courtroom cndangcrs the health OF the
jury, and the illness of one will mako a new
trial necessary. TO save the health of the
jury, then, if not for the sake of dccency, let
the Court be cleared