Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-29
Ho,v il May be Done.
INV - @'1.1J -
From tic Herald and Presbytsr


From tie Herald and Pres6ytsr.
During the recent meeting OF the Ma
tlonal Prison Association, at Saratoga,
Prof. Francis Wayland, l. L.. ID, Dean Of
the Yale College claw school," read a
paper on "Certain Anomalies in Criminal
! Jurisprudence" in which he related
story, as though it had been A dream, OF
the trial and conviction of man charged
| with manslaughter. A jury was obtained
and imDanelled in thirty-tive minutes; In
less that three hours the prosecution pre-
| scented its case and rested; while the de-
fence slightly exceeded four hours. AT
, o'clock p. IN. an Intern issi0n for dinner
was taken, and the court was again in
session, and the counsel presented their
| arguments in less than three hours. The
Judge in mis- charge consumed half an
hour, and two hours later the jury re-
turned with the verdict of equity OF
manslaughter in the second degree" and
the next morning the prisoner received
| sentence-"Flve years Imprisonment at
hard labor" The rest can be told best in
Judge Wsyland's own words:
saw the defendant in his new quart
eTs. Though of a social grade much
above those by whom he was surround
ed, he was not detailed for easy clerical
work, or provided with superior accom-
! modatiOns.
And now, having by an apparent al
legory sought to prepare your minds tor
the more ready reception OF somewhat
startling truths, let me confess that
this trial, precisely as described, was an
actual occurrence, of which / was
| wakeful eyewitness, in this year Of our
| Lord, 1885.
Permit me to add few words of gen.
eral comment. 1t was marked through
out by singular dignity and decOrum,
courtesy and fairness. TWAS shortened
/ by no unseemly haste, as it was prOlOng
/ ed by no unnecessary delay. 1t was
/ tried to the court and jury, and not to the
/ spectators. Evidently, il was not re-
! garded as a popular entertainment 10
winch admission is free, and where
! DOisterous meTriment in the audience is a
! lawyers reward, but as decent, DELHI
/ crate, dispassiOnate investigation into
the guilt or innocence Of a human being
| charged with unlawfulIy taking the life
of his fellow. Only once was there any
/ thing resembling a demonstration of feel
| ing. This was instantly checked by the
/ presiding Judge, the audience being in
/ formed that another such manifestation
would be followed by the comprehension
/ Of all spectators. 1T is also deserving Of
| mention that the newspapers confined
! themselves 10 literal transcript OF the
/ proceedings. Moreover, the absence or
I silence OF the interviewer was cOnspiou-
1 to observe that no flowers from fair hands
/ solaced the sutferlngs OF the prisoner. In
that community one does not enter the
company OF heroes through the gate of
homicide.
Some features OF the trial seem to me to
call for special attention:
l. The selection Of the jury. This was
speedily accomplished, because inquiry
as to fitness was practically limited
| to a single question;
Are you able to decide this case with
out prejudice or Partially, upon the
sworn testimony which shall be submit
| ted yOup
OF course, by such summary method
OF selection, an opportunity was thrown
away TO learn of each juror what his
business was, his political preference,
what newspapers he read and why, who
his neighbOrs were, what reports he had
heard, and from whom and when and
where, what remarks about the case he
mad made, and 10 whom and when and
where, and how many times-a hundred
umesl tity times? twenty times? ETC.;
all this interspersed with sprightly sallies
OF court room wit, welcomed by respOn-
siYe laughter from the delighted crowd in
attendance, until the unhappy man is re-
duced to the desired condition of plastic
lmbecility.
.. The department of counsel. They
maintained throughout the manners OF
gentlemen. Whatever resources they
may have had OF attack and repartee, of
bitter taunt and savage rejOinder were
kept scrupulOusly in the background.
There was no want of earnestness, but
adequate earnestness vas shown not to be
inconsistent with a high standard OF pro-
fessiOnal courtesy.
Not less praiseworthy was the treat
ment of Witnesses. From first to last. no
sssfta hull = n,,.l.
ed or leased or ridiculed or made in any
way TO feel that the chief end OF cross eX-
animation was TO render him a laughing
stock or an object of contempt. There
was absolutely nothing to indicate that
he was suspected in advance of desire
to conceal or to distOrt the truth. Positive
ly, the aim Of the court and counsel alike
seemed to be to ascertain the real facts in
the case.
3. The moral atmosphere OF the trial
AS l have already intimated, one OF the
drdmdtiS perS0R9 was a dissOlute woman
Below the surface, the case was saturat-
ed with unholy passion. A single incau-
ti0us inquiry, single defiant challenge. a
single coarse joke, might have let loose
upon the court room aud community a
food OF unspeakable Vilenessi But so
dextrously was the case conducted in
the interests Of decency and good morals
that no hint of all this reached the audi
enee. A single incident will illustrate: A
letter from the deceased to the wife of the
prisoner having been offered in evidence,
the Court came to the conclusion that II
ought not TO be excluded, and directed the
sheriff TO clear the room OF all who we're
not present in an official or professional |
capacity. The letter was then read TO the
Jury.
Can hope to be believed when assert
that this precious document was not sub
sequently surrendered TO reporters, and
was not prominent in closing arguments
Of counsely The pestilent theory that
the public has right to know everything
that is disclosed IN the court room, and
that those that cannot be present shall
tind 10 all in their newspapers, received
no favor at the hands OF this tribunal. l
afterward learned that the presiding
Judge, knowing how much harm might
result from careles standing OF the case
had privately requested the counsel to
refrain from all demoralizing details so far
as this could be done without comprOmi-
sing the interests Of the State or of the ac-
cused. II may not be irrelevant to state
that the members CT this court are APP
pointed for lite or during good behavior.
4. The verdict. Under the laws OF the
land, this was accepted, recorded, and
followed by the sentence Of the accused,