The St. Johns herald. (St. Johns, Apache County, Arizona Territory [Ariz.]) 1885-1903, 1888-05-03
Judge and Jury.

The judge and the jury are two
essential factors in civilized govern
ment. Each in their sphere is SUI
preme. When confined to their
lawful jurisdiction both are com
plilnentary of the other, and har-
mony is the result. When either
trespasses upon the well defined do
main of the other, discord follows.
The judge has nothing whatever to
do with the facts of any jury case;
except in so far as their mention is
necessary to inteillgently apply le
gal principles. In matters of law,
he is supreme; and diregard of, or
dIsObedience to, his instructions by
any functiOnary of the court, is
simply wanton disregard Of the
most solemn obligation the citizen
assumes. On the other hand, the
jury know nothing of, have nought
10 do with the law, except as it falls
from the lips of the judge. On
questions Of fact, however, they are
absolute. Theirs is a grave and
responsible position, and the juror
who fails to appreciate his duty, or
appreciating it, fails to perform ii,
is unworthy Of his citizenship,
whatever motive may move him.
The term Of court, just adjourn
ed, is replete with suggestions as to
the result which inevitably follows
abuse of power, or ignorance of
privilege by either of these public
servants.
Powell was tried for corruptly at
tempting to influence grand Juror
Walter 7. Logan, by means of a let
ter written to him, expressing graf
ification at his being on the panel,
knowing that he would do ali he
could for him in his capacity as a
grand juror urging him to see an
other grand juror, and inform him
POWELL OF how he felt toward him,
that he might thus be enabled to-
challenge him. This is a statutory
crime, minutely defined and out
lined by the Code Of 1887. There
was no question about the facts
no contradiction among the wit
neeses-the writing, sending, receiv-
ing and the corrupt contents of tie
letter clearly proven. The Court
instructed the jury, as it was his
solemn duty to do, that the law was,
that the jury must gather the in
tent of the writer from his conduct,
his situation, and the contents of
the letter, laying stress upon the
general proposition, that a man, in
legal contemplation, intends the
natural and ordinary results of his
action.
Eleven of the jury, under the in
Struction of the Court, promptly |
say, guilty-but, one juror, who is !
willing to array his judgment Of
the law against that of the Judge, |
whose opinion he swore should be
his only guide when he entered the
jury box, is, by sheer, logged, OBJ
stinacy, and disregard of his obi
gators, enabled thus to disappoint
justice, at a large expense to his
fellow-citizens.
The chain of circumstances, link
joined 10 INK, as StfOnS as proofs
Of Holy Writ" connect Gonzales
with the larceny of an S Z COW,
Every man in hearing, off of the
Jury, awaits anxiously to hear the
defendants explanation. He fee
bly, states that the COW wandered to
his ranch with his brand on her
he claimed her and sold her-does
not pretend to deny, that when
called on by the purchaser, that lie
promptly gave another COW in her
stead. Even his best friends and
able counsel despail-abandon
hope, and in the public mind he is