Waterbury evening Democrat., 1888-01-20
TRIAL BY JOURNAL.

DaLlel DOuSnefUy or Iulldue1pulf' ripe scholar, profound lawyer and an orator of fascinating power and magnetic infuence-has given the weight of his great name to a principle in journalistic ethics which, in other places and ill times past, Eve had taken up with conscientious zeal-namely the right of newspapers to discuss the merits of cases-particularly criminal cases-pending their settlement by legal tribunal; the substitution in fact of an arbitrary trial by journal for the constitutional privilege of trial by jury. Latterly this substitution-orr rather antici- pation-has become an unmixed evil. We refer not to the simple statement of cause or crime in issue, for that is legitimate subject for an enterprising reporter; we object not to impartial re- ports of preliminary proceedings in Magisterial or Coroners' Court, for there aid in the administration of even handed justice. Our complaint is that the moment charge is made criminality is as stunned; that the accused man is regarded as a convicted man; that the terms murderer" and "culprit'' are freely used in the news paper columns before the indictment is formally framed; certainly long before the twelve good men and true of the jury panel have pronounced verdict according to the evidence. The injustice of this sys- tenn in regard of innocent persons is mani fest. They have been branded with the brand of the convicted felon; and the re- proach remains of recond; the newspaper file will turn up where the files of Court are inaccessible; and the wrong committed by the ournalist-without evidence and without oath-remains an enduring stigma; the innocent members of the inno- cent mans family are made to suffer the additional bangs of public opinion to the official accusation; and the minds of jurors may be so acted on as to make a conviction foregOne conclusion before testimony is heard. Injustice has been done in this way in cases within our per sonal knowledge; and at length when the truth became known there was but little requital for the victim-in sentiment or substance
 Then suppose the accused be really guilty; his anticipated conviction by jour nal is not less unwarrantable. It is maxim of morality and jurisprudence, the world over, that every man is to be deemed inno cent until proved guilty; but the usurpa- tlon of judicial functions by an editor fal- SifiaS fbo shades of culpability; there may be con- structive guilt without moral accountable ity-a homicide in self-defense, or by acci- dent without any of the ingredients, in fact or in purpose, justifying the higher charges; and still out from the editorial sanctum will be illuminated the epithets o1 Murderer" and Assassin" The inius tice here is apparent. But there is still an named. Wrong to individual sufferers is productive of wrong to the cause and course of public justice These ''too previous pronouncementsf from the Journalists Desl impede the administration of j1 stice iron Judicial Bench and Jury Box The jury class read newspapers and are more or 1es influenced by editorial opinion; and it ha. come to pass that days, weeks and months have been wasted in filling up the jur, panel because the reading of newspaper had created opinion in the case and led t, the order of ''Stand aside' to the man wh, had read the journalistic verdict.
 The New York World of yesterday take up the subject in reply to MT Doughert, and asserts that the press has never ye clamored one innocent man into prison and refers to it's own efforts in bringin, the boodler Sharpe to justice. We'll, w happen to know of cases-cases too numer ous not to be known to The World-il which if innocent men have not bee1 clamored into prison, they have been pur sued into penal imprisonment. It was al very we'll for The World in the interests o public honor and decency and law to hay exposed the bribed and bribers of tha Broadway railroad; but we cannot exten, our approval to the persistency wit which the bribe givers and bribe taker were pursued by the press when the con stituted authorities of the judiciary ha taken prosecution in hand and the questio of guilt or innocence was submitted twelve good men and true on their oaths We agree with The World that "with al it's faults an honest and independen press having neither sympathy wit thieves nor affiliations with other publi enemies is a bulwark of free institution not second to the courts in value' It i different thing, however, when it as sumes and anticipates the functions of tn courts-and very, very much differen when under the influence of the ''frs story" it hounds on all innocent man ruin or degradation, or even serves t deny to the guilty wretch the privilege c fair and impartial hearing.