The sun., 1891-06-22
The Charge Of Lord Coleridge in the
Baccarat Case.

Baccarat Case.
According to telegraphic reports from Eu-
rope, Sir WILLIAM GoRDoN-C CUNNING has
publicly attributed his defeat in the bacca-
rat case to the unfairness Of Lord COLE
RIDGE, the presiding Judge. in his charge
or summing up to the jury at the conclusion
of the trial. full report OF the charge.
comprising all that was said by the Lord
Chief Justice Of England, except such testi-
mony as he read from his notes Of the evil
dence is contained In the London newspa-
pers Just received by mail, and single
perusal suffices to show that Sir WILLIAM
GoRDoN-CUMMING has good cause to COM
plain OF the manner in which his case was
laid before the jury by the Court.
1t Is not too much to say that this charge
will tend greatly to detract from the high
reputation which the English judiciary has
long enjoyed for fairness and impartiality
in every country which derives its legal
system from that OF England.
In many OF the American States Judge
who presides over trial Is prohibited from
commenting upon the facts of the case in
his charge to the jury. but must conflne his
remarks solely to a statement OF the rules OF
law by which the jury should be guided in
York, however. and In the Federal courts
the Judge Is wisely permitted to do more
than this, and may state to the jury, pro-
vided he does 1t fairly, the evidence on each
side tending to support the claim and de-
fence respectively. and the conflicting infer
ences which the parties seek to have drawn
from the proof put in by each. Such a re-
view Of the testimony. accompanied by a
clear presentation OF the rules OF law appll-
cable to the various views which may be
taken Of the facts, Is probably most condu-
Give to fair and just decision on the part of
the jury. But neither in our New York courts
nor In those OF the United States is it COM
mon for the Judge to express or intimate
any opinion himself as to the conclusion
which ought to be reached by the jury in
respect to any disputed question OF fact; and
II he inadvertently let's fall some intimaton
of his own views In this respect, he Is usually
careful to tell the jury that they must not
be Influenced by his opinion. and he is bound
to give that instruction II counsel request 1t.
In England. however. much greater lati-
tude has always prevailed In this respect,
and the Judges manifest their own views of
the facts with far greater freedom than
would be tolerated in this country. But even
there 1t Is seldom that the summing up by
the Judge. as the English call 1t, or the
charge, as We term 1t In America, degenc-
rates into IN elaborate argument in favor |
Of one Of the litigants.
Yet such, We are sorry to say Is tho char |
acter Of tho address which Lord CoLERIDoE |
delivered to the jury In the baccarat case.
II was really speech for the defendants,
In reply to the speech OF Sir EDWARD |
CLARKE on the day previous for the plain |
tin. and. with the exception Of o very few
passages. was not judicial In form, tone, or |
substance.
The Lord Chief Justice began with very
clear statement OF the nature Of the suit. |
It was an action for slander. An English
statute provides that any one cheating at
cards Is guilty Of a misdemeanor. Tho de-
PENDANTS had charged Sir WILLIAM GORDON
CUNNING with cheating at cards. This was
an accusation of an indictable offence, and
hence constituted slander. The defence was
that tho charge Was true, and the whole
question for the jury was whether 1t was
true In fact that Sir WILLIAM GORDON
CUNNING cheated at cards on the 6th and
9TH OF September. 1890. while playing bac-
carat at Tranby Croft. In adding to his
stakes after he knew that the cards were
favorable.
The Lord Chief Justice then proceeded to
consider the evidence Of those witnesses
who testified that they saw the cheating.
and In commenting upon tho testimony Of
Mr.. BERKELEY LEvErrronarked that he saw
nothing unlikely or improbable In 1t. 1t Is
not usual for Judges thus to express an
opinion upon tho weight which should be
.tvon TO the statement OF witness. The