The morning call., 1892-02-21
PRIVILEGED COMMUNICATIONS.

The rulings in the Sidney Bell case eluci-
date the law on the subject o. the nyi0la-
binty of telegraphic messages. In support
Of his contention that a conspiracy had
been concocted TO secure IA new trial for
Bell, the District Attorney summoned the
Superintendent Of the Western Union Ielc-
graph to bring into court copies of any
messages which had passed between the
persons who were supposed to be implicated
in the conspiracy. Superintendent Jaynes
accordingly appeared before Judge Murphy,
with the COPIES in question in a sealed en-
velOpe. But he declined TO open the en-
velol or 10 read or show the dispatches on
the ground that they were privileged COM
municati0uS. To this Judge Murphy re-
piled that while he entertained doubts OF
the wisdom Of compelling a telegraph COM
pany to produce copies of dispatches as evil
dence in 4 civil case. il was right and proper
that it should be compelled to produce them
in a criminal case, in order that justice
should not be defeated; aud IN the case on
trial, the copies being then actually in
| court he had no hesitation 10 ordering the
witness in whose custody they were to open
the envelope containing them and to pro-
duce them in obedience to request OF cOun-
sell Mir. Jaynes complied.
1t was settled in the controversy which
arose over the Presidential election in 1876
that a Geographic dispatch, or an official
cony thereof, in the hands Of the company
to which it was handed for transmission.
was not a privileged communication, and
that it could be compelled to produce il he
fore a committee Of Congress. In cOnse-
Quence Of this definition If law-against
which the Western Union pTotested-the
I'll t,,ia Of
dispatches should after time be destroyed.
/ An impartial critic will probably come to
/ tie opinion that the company was nearer
right than the committee. and that in civil
! suits or political controversies equity viii
J be best subserved by maintaining the in
/ volatility Of dispatches But the case is
/ wholly different in criminal Justice There
} the aim Of all parties. including the Judge,
/ is to ind ont the truth, aud il the truth can
! be elected by the inspection Of telegraphic
/ dispatches bearing on the case, the interests
of justice require that they should be in
spected. even though somebody's secrets
be violated. No one but the lawyers actu-
/ ally engaged in the case. has a right 10
! conceal facts which so 10 establish the guilt
or innocence Of a person accused Of crime
/ 1t is every ones duty to throw all the light
/ he can upon the matter, even II he has
/ to disclose confidential communications.
/ There can be no such thing as private conf
dences between a witness and a man WHO IS
on his rial for his life. And as the witness
on the stand has no right TO refuse TO an
! swer questions on the ground that his an
Swers would be 4 violation Of confidence
! unless he be the professional adviser Of the
/ PRISONER, so the Geographic company when
/ UuwItrngly comes into possession OF knoWl-
/ edge which may make for the prisoner
4 conviction IT for his acquittal mas no GIT
! 10 delea. the ends Of justice by withhold
! ing il.
The rules Of evidence are far too technical
as ,hey stand. They operate quite often to
defeat proper inquiry into facts, and ne'es-
sary search Tor the truth On different
grounds a witness is enabled TO decline to
answer questions which, in due regard Tor
the attainment OF justice. ought TO be
answered. A prisoner indicted for crime
cannot be iuteTrOgated 6y the People, unless
he chooses; aud the cause Of justice Is thus
deuryeI of tie very best evidence thatcould
be procured. These rules are SO ingraiued
ia the American mind that It would be dtli-
Ou.t TO alter them, but lawyers VIII admit
that they place the people at a disadvantage
in criminal suits. Truth IS more uniformly
elected and failures OF justice occur more
rarely in france, where the Interrogation Of
witness is practically unlimited, and the
Judge constantly seeks TO enIishten the jury
by giving the accused an opportunity to
explain facts.
This Sidney Bell case is one of the most
curious in our criminal history. Either
gross injustice has been done to an Innocent
man and lie is about to escape the halter by
a miraculous interpositiou Of unexpected
testimony, or a most Infamous conspiracy
has been concUcted TO defeat justice and TO
rescue a murderer from his doom. A few
days VIII decide which theory is correct.
In the meantime it is the duty Of every citi-
zen to shed all the light be can upon the
case, and not to Try to trammel the course
IL irnrirr.