The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1881-12-23
TIL: eUITEaU TRIAL.

The trial of the accused for the assassin
alton of the late president is yet dragging
along consuming an unusual length of time.
The accused in measure attempts to con-
duct his own case nearly as much as does
his counsil.
Frequent outbursts during the sessions OF
colrt are reported coming from the defen-
tlant which are unusual in courts of justice.
We are not disposed to censure courts and
juries and denounce the proceedings before
them as frauds and preventatives OF arriv-
ing at Justice as is to often manifested by
Kind of popular clamor which is some times
zen going through the press of the country.
Ind which we think ARISES partly from an
inadequate knowledge of the subject as
well as from disposition to find fault with
out suggesting better remedy.
That all human laws are the subjects of
abuse can not be denied, yet the system OF
trials by court and jury as it is now con-
stitu ed has been experienced upon for
hundreds of years and every year some i'm
prov ment has continually been made in
this systam by looping off the useless and
r.ta ming the good. When it is found that
this system has been tried and improved
upon for so long time and found to with
stand the test of ages, we can not afford
to assume the ridiculous attitude of de-
nouncing it as a system when at the same
time we are not capable of suggesting any
Ior4 a
things however in the progress of the trial
of the assassin alluded to that we think
deserves comment which has nothing what
ever to do with the present court and jury
system. 1t is the duty of the court in every
case to preserve order and to conduct the
trial of each cause with dignity and respect.
In order to do this each judge is given full
power to fine for contempt and commit
persons and punish those who for any
reason fails and neglects to observe due
respect for the court and all persons en-
gagged in the proceedings before it. If the
Judge fails to exercise these discretionary
powers given him to preserve order it surely
can not be the fault of the system but the
incapacity of him who presides is at fault.
The defendant in the case under consider
alton during the whole progress of the trial
has been permitted to abuse and address
disgraceful remarks to the conncil on the
other sidefor calling certain witnesses which
did not suit the defense to brow beat op-
posing witnesses and to dispute their word
: and call them liars and address other harsh
and unbecoming language to them while
testifying on the stand. He has quarre.ed
with all of his counsel and abused them.
During the whole progress of the trial he
has been permitted almost daily to inter-
rupt the proceedings for quite length of
time in making stump speeches evidently
for the purpose of mot endeavoring to
effect the trial in any way" as Scoville said
in his famous lecture. But for the purpose
of addressing himself to public opinion.
In this way the case has dragged along
from day to day with Judge Cox occupying
the bench seemingly more as spectator,
than as q sturdy Judge in whose hands the
scales of justice should be forever held in
never falling condition of equiponderance.
1t is often remarked that the trial of causes
before Justices of the peace are attended
with no order or method and we have fire.
.auently been disgusted when called before
them. But it would be safe to say that
there is not an Oregon Justice of the peace
who cannot preside over the trial of cause
with equal dignity and maintain better
order than does the distinguished Judge at
Washington. To say the least of it Judge
Cox's bump for maintaining order must be
absent and hollow where it should be-