The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-05-15
4 RESPITE FOR JACKSON.
The Northumberland Grants
Him Respite Until
June 81.
But the Supreme Court Afdrms
Judge Hunts Decision in
the Case.
Justice Dewitt Says Something About the
Newspapers-The Water Right
Case finished.

preme court yesterday afternoon Affirming
Judge Hunts decision in denying . new
trial to Albert Jackson. The opinion was
by Justice Dewitt. A large part of it is de-
voted to the disposition of arguments that
q new trial should be granted because the
jury received certain newspaper accounts
during the trial.
After passing over the minor points in the
appeal the following law is quoted: "That
new trial shall be granted when the jury
receive any evidence, papers or documents
not authorized BY the court" The supreme
court holds that the reception by a jury of
newspaper comments does not fall within
the inhibitions of the law. At the same
time the court does not Justify the posses
sion of newspapers by a jury when case is
on trial. The opinion continues:
The simple reception BY juror Of a
newspaper does not ipso facto vitiate the
verdict but that such reception must be
considered as any other misconduct of
jury and be treated by the rules governing
misconduct n :, OF cases sec: a4 "a new trial
separated without leave of the court or
have been guilty Of any misconduct tend
ing to prevent fair and due consideration
of the case" The state may rebuff the pre-
sumption that there is prejudice to- the de-
fendant BY using the testimony Of jurors.
The day has passed when blank Ignorance
or stupidity. in Juror is the best qualifica-
ton for service. There is more intelligence
on the modern jury and intelligent persons.
the statute contemplates, are able to read
contemporary history and still preserve
their mental balance.
We cannot leave this decision without
further word. Newspapers occupy mag
nificent place in modern civilization. In
England the press has been called '.rhe
Fourth Estate of the Realm;" with all their
faults, even with their occasional venality
and their vice of the adulteration of intelli-
Rence for Interior purposes, newspapers are
one of the bulwarks of liberty. The freedom
accorded them in all matters sends vice
blushing into seclusion, makes the rogue in
high places tremble for his security and the
public robber hesitate in his depredations.
journalism calls to its service the best in
tellectual effort of the earth. But let us re-
member that the citizen is innocent until
a jury of his countrymen pronounce him
guilty. However terrible his station and
citizen, an innocent man until he is found
to be otherwise by the machinery of law.
He is not to be tried by hue and cry or by
newspaper harangue. 1t is hoped that
hereafter when criminal cases are on trial.
the machinery of the courts will be left un-
U16turOeO 20 Work OUT inc equal ana exact
Justice which their creation and existence
contemplates.
Other business in the supreme court was
as follows:
723--Mahoney vs.. Hebron; Judgment af-
frmed with costs: opinion by Blake, g. J..
73EParrot vs.. Hungleberger; Judgment
modified; opinion by Dewitt, j.
Scott n. Sanford of Missoula was admit
ted to practice on motion of j. A. Walsh.
The court adjourned until 10 a. m. Satur-
day