The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1892-06-29
ABUSE OF WITNESSES.
The Act Cannot be Construed Other.
wise than az AN Insult 10 the Jury.

In this country, the jures owe II TO them
selves to protect witnesses who have com
mitted no greater ofirnSe than that oi testify
ing TO facts which do not advance the cause oil
the lawyer who chooses TO take the adran-
tage of his position 10 bring unproHen charges
and TO make unfOundcd insinuutlons against
those whose character may be just as guod
and whose life may have been just as honor
able as has b. en- the life and character of him
who aSSallS>
When we say that the jurics should "pro-
tect' the witnesses, we mean TO say that they
should be SLOW TO give any verdict in support
OF such system of defamation.
We believe 1t has become common for some
lawyers to say. "if you have bad case, abuse
the witnesses on the other side"
Abuse Of witAaSses then Is, to our MIND.
the first and best evidence OF the lawyer ;
consciousness of the weak aknesS OF MS cause.
If jurors would remember tins, and render
their vcrdctS against those who resort TO such
methods. II would be well.
If jurors, in criminal case, acquit the ac-
cuSed, they take the responsibility oil so 40
ing. If, however, they find their verdict
sponsiblIty To the Circuit Court and To the
Supreme Court. No jury need fear error In
con viction. There are two Courts above them
whose business It is TO correct the errors OF
juries. In nlI cases, therefore, where there Is
no clear line of duty for the jury, they should
convict, and leave the Courts above them 10
look. more carefully into the intricacies OF
the law, and II error has been made, the
neous verdict or To order new trial
Jurors too often imagine that their verdicts
against the prisoner are conclusive, but such
Idea Is erroneous.
Ist The Circuit Judge may set aside their
verdict.
End. The Supreme Court may order new
trial. If error has been committed.
Sd. The Governor may pardon or commute
But If the jurors assume the responsibility
OF turning II criminal loose. there Is no ap.
peal. The jury have shut off the criminal
from any possibility of punishment.
For this reason, it is well-if the line OF
right is not clear-for the jury to convict and
thus transfer the responsibility to the higher
Court.
IF the Circuit Judge will not protect wit
nesses from unjust abuse, then witnesses
should not be deprived Of the right to defend
themselves In open Court.
AS no lawyer has the right to make aSSer-
tionS against any witness which are not mnt-
ters of proof or OF law. the jurors should re-
abuse instead Of argument. TO abuse the un-
offending witness on the sand Is TO offer q
direct and positive insult to the intelligence
of the jury. II Is TO presume that they have
not sense enough to distinguish between the
iac;S which have been sworn to, and the
abuse of the lawyer for which there may be
no proof TO warrant tile assault.
AS neither Jurors nor witnesses come into
Court on their own motion the juror should
protect his neighbor at least to any extent
which may be warranted by the testimony.
In our own opinion the Judge VINO sllS oS
and allows the witness TO be abused In an un-
warrantable manner. or permits the lawyer
to make assertions or lnSinuatiOnS against
the witness is "a proper subject 10 be removed
from the Bench at the next election No self
respecting Judge should permit his Court to
be degraded to the level of q bear pit.
For the time being the juries are clothed
with all the dignity and powers of q Judge,
and they should he respected accordingly. IL
is only n question of time when the witness
and the juror will exchange places. and upon
the principle of doing unto others as we
would have them do unto us, the jurors
should not give verdict for the lawyer who
adm its the weakness OF his course by enter
ing a plea Of vilIfcation Of the witnesses on
the other side.