The Evening critic., 1882-11-10
Judge wyIie as n Censor.


Having performed the imperative duty OF
exposing, rebuking and denouncing Judge
wylies studied disregard Of the principles OF
law and deliberate perversion OF evidence as
conspicuously displayed In his charge to the
jury In the Soteldo case, we propose now 10 at
tend TO another phase OF his official miscon-
duct In n certain sense this may. be consid-
cred rs our grievance as distinguished from
that OF the public.
Tho record OF this jurlst as guardian OF
the liberties and lives OF tho people against
lawlessnees and violence would have been
sufficiently odious TO satisfy moderate ambi-
tion for unenviable notoriety, had he been con-
tent with influencing verdict by gross mis-
construction OF the law and deliberate
distortion OF tho testimony; but that Is not
the sum total OF his orenses against judi
clal decency and tho rights OF tho com
Mitchell, employed by the defense in the SO.
teldo case, to Insult, slander and most out
elect to check or roprovo the viiifying lawyer,
Judge Wylie became responsible for O more
indefensible license OF the bar than we have
SG any 81 a tbe
Judge Wylie said to the jury:
"Newspapers, am led to believe, are becom-
Ing SO reckless 50 regardless 9f sO pr0prieety
the people, am happy to say, are beginning
to disregard their influence altogether, and,
unloss reform takes place, they VIII have no
The Judge, who thus sternly arraigned the
press, and, from his high place, administered
such n severe rODuKc, nus pcrmlttcu ulS court
to be used as the medium OF calumny moro
audacious and malignant than the worst as.
sault on private character that has ever dis
graced even the worst class OF journals.
Mr.. Barton, whose escape from the assault of
two would be assassins was little short OF
miracle; who had, In q few seconds, passed
through the dangers OF twenty battles whose
existence as q living man is cause OF wonder
10 all who know the facts OF the assault; who
had suffered this attack while quietly attend.
ing to his lawful business, IN his ofllce at
nj Npna pall
mony. He was not thore OF his own Yolltion,
but In obedience TO the summons OF tho law,
and he was entitled to the protection of the
court. The court vas bound to protect him as
It is bound in decency and decorum TO protect
all witnesses.
How did Judge wylle perform this duty?
What sort OF protection did he give the man
who, having miraculously escaped from q
midnight assault by two would-be assassins,
had been required 10 come into court anu tell
his story In the interest of justice2 The pro-
lection that Judge Wylle deemed sunlcient
was TO permit an alleged lawyer (Mitchel by
namel TO stand up before the court, the Jury
| for the words were printed in press reports OF
the trial-point his finger at Barton and say
''There stands the coldbiooded murderer OF
soteldo." Thero was no word of reproof from
| the bench. The UNANIMOUSLY abusive and Sian
| derous speaker should have been compelled
then and thore to apologize and retract; but
| Judge .Wylie showed no sign OF displeasure,
| and thereby neglectful and violatiye OF his
| sworn duty made the outrage his own.
| Tho IOI mas Dcen In existence Ior nve years
| During all that timo 1t has uttered less cal
| umny, all told, than was compressed In that
| single sentence for which Judge Wylie stands
| sponsor. We have never Intentionally wronged
| the character OF any person. When, In the
| haste that attends tho collection and publica
| tion Of news, an injurious mistake has beer
made, We have hastened to correct 1t, not to
avoid n libel suit, but to do right not to pre-
| vent annoyance and cost TO us, but 10 repair Q
| regretted and unintentioIal wrong.
Standing up TO deliver lecture on thu
| license Of the press, In the very place whert
| but q few hours before he had permitted ant
become responsible for IN infamous assault
on the character OF q witness, Judge Wylle ap
pears to as little advantage as when he mis-
states evidence and distorts law.