The Portland daily press., 1882-02-13
English Common Sense.
British View of the Great Trial.
London Pail Man Gazette ]

fancy that the Guiteau trial has no good side
whatever. A brassy mscreant, who is as GER
tainly a murderer as he certainly is not mad
man, is allowed day by day to insult the attor-
ney who prosecutes him, the counsel who de-
tends him, and the Judge who tries him. His
insolence has apparently reduced the adm inis-
tration of justice in America to something like
impotence. The Bench itself Is made to ap
pear an accomplice in scenes of buffoonery
which turn q solemn inquiry into a farce.
Meanwhile the reputation OF American justice
and American national character is itself grave
ly compromised By the liberation shown to
malefactor who ought long ago to have met
with his deserts at the hands Of the hangman
Even when tEe day arrives, as it presumably
will, on which Guiteau meets the punishment
that his crime deserves, that will not by any
means repair the harm wrought by the scenes
at his trial People will continue to believes
with more or less show of reason, that demo
cratic institutions are inconsistent both with
judicial dignity and with judicial efficiency.
This is no light matter That there is some
thing wrong ia the whole system on which the
trial is conducted must be apparent to overy-
one. 1t is for Americans to consider what this
''something' is. Possibly the principle of al
lowing criminal to give evidence on his own
behalf is hardly compatible with trial by jury.
Far more probably the election of Judges has
damaged the tone and influence of the judi
ciary Of those American States in which it pre-
walls. Almost certainly the sentimentality
which, curiously enough is the special trait of
American public opinion has made even Ameri-
can courts far too lenient in their dealings
with criminals. Whatever be the cause, it
would certainly seem to be the duty of Amsri-
can statesmen to discover what this cause is.
Meanwhile, English critics who wish to deal
fairly with distant community should recog-
nize thesfact that the prolongation of Guiteau's
trial is due fully as much to the good as to the
bad traits of American character and Ameri-
| can institutions. In other words, strange as
| the assertion may appear, the trial undouDted-
| ly has good side.
| The American people, as represented by the
| Court before whom Guiteau is arraigned, are
| fully determined that criminal who is guilty
| of an offense which is very like an individual
| wrong to each American citizen shall receive,
| even under circumstances of great difficulty,
| perfectly "fair trial" Now fair trial means
| in England and America proceedings in which
| prisoner, especially when tried on capital
| charge, shall have every advantage and inn
munity which the law or custom allows him.
| There is no doubt that this notion of trial is
| perfectly sound one; and, further, that the
| idea that prisoner should have every chance
| in his favor has in the United States been
| pushed almost to the length Of absurdity. But,
| given this conception OF q fair trial-Whlch,
| like almost every other American political or
| legal idea, has been brought from England
| the determination that Guiteau shall have
every immunity conceded to less notorious
criminals is a perfectly just and fair determina
| Hepaa his IndopH Olapal in nOSltlOn
| of special difficulty. He has two-fold advan-
| tage. He is pleading for life, and has, there
| fore special claims to consideration He claims
| to be madnan. 1t is therefore almost impos-
| sibe to deny that his very irrelevancles and
| impertinences are relevant and pertinent to
| the issue. The Court is hampered at every
| step by the dread that there should be even an
| appearance of harshness to the prisoner Ihe
criminal, who is perfectly sane, has usec tne
| strength of his position to the utmost. he has
violated the spirit Of every rule OF evidence;
| but he has, we suspect, kept much more nearly
than English critics believe within the letter
| of the law. Under these circumstances, it is
| great deal easier to blame his judges than to
| point out what is the course which the Court
| ought to take. If Guitcau were silenced or
| gagged public opinion would be shocked. Inc
criminal further would have obtained his main
/ object. He would be treated like madman,
| and some one OF the jury might more probably
| than not be thereby convinced that he was in
| sane The English Bench, we shall be told,
/ would assuredly have managed the matter
4 much better. This may be true, but the ex-
| perienoe of the Tichborne trial makes us
/ doubt whether even English Judges Would
| come with perfect success out OF the ordeal
/ which confronts the American Court. Dr.
! Keneally and his client between them in effect
| violated the spirit of all the rules which gov
| ern the conduct of English advocacy. The
| Court consisted of Judges deficient neither in
| character nor dignity; yet every one must ad-
| NIT that when the monster trial ended, the
| English bench had, to say the least, not raised
| its reputation for the dignifed and efficient
| conduct of business However this may be,
/ the main point to notice is that the lenieney,
| the weak leniency if we please, shown to
| Guiteau arises from the extreme, almost NOR
| bid desire of the American Democracy to
| keep within the law and to see that the prison.
| er has as fair trial as the law entitles him to.
| This is no vulgar or mean trait, and the occa-
/ sion, when it is displayed, gives it a certain
| magnanimity. II the Gar were to insist that
| Nihilist who had murdered, say his eldest
/ son, should be treated on his trial even with
| more indulgence than an ordinary criminal,
| the world would applaud his equity. If a Fen
| ian were to assassnate Mr. Gladstone in the
/ streets Of London, and having pleaded mad
| ness in defense of his crime, should be heard
| by an English jury with the utmost patience
| while striving day after dayIo prove bis luna
| cy, we should all of US talk good deal about
| the sense of justice and the respect for law
| which characterize the English people.
| luSTo Is every I0doOA why VIC ouOUAu NV
! mete out to Americans the measure which we
| should mete out to ourselves. We may at
least recognize the fact that proceedings
| marred by lack of judicial dignity and by a
taint of public vnlgarity exhibit in the strong
| est light the veneration Of the American peo-
| pie for that kind of legality which is the only
sure basis of justice. Nobody need suppose
that anything like morbid sympathy with
| Guiteau really influences the conduct of the
Court by which he is tried, or the public senti-
| ment which at bottom governs the conduct of
the Court. The principle of giving every
| man "a fair trial. may be narrow. 1t is often
misapplied; but it lies at the bottom Of all Just
! government, and any transaction which shows
that an all-pow werful democracy cling to this
great maxim has its good, and even its very
| good, side.