New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-21

Statements VI Tie pOlce anu OF the "itncSSeo
who subsequently testified at the trial? II he
takes this extreme ground, he ought to be re-
minded that while the press In that instance
prejudced public opinion against Lizzie Dor
den and thereby assisted narrOw-minded police
constables and merciless District-Attorncy in
fastening suspicion upon her, it has often min
istercd TO the ends of justice by widening the
circle Of information and producing evidence Of
guilt. We are probably right in assuming that
the Attorncy-Gencral does not favor drastic
measures of press censorship by which news
papers may be compelled to suppress all refer
enccs 10 criminal cases before trial He in
tends we are persuaded. to restrict his holnily
TO public discussion Of such cases during
trial Structures of this kind are often heard
from bench and bar, but no experienced judge
ever attempts to vindcate the dignity of his
court by discplining the press for commenting
upon important cases.
The attempt is not made for the simple rca-
son that the courts have ample resources for
removing jurics from the influence Of public
discussion. When convinced that a caution
from the bench against reading newspapers or
talking with outsiders Is not sufficient. they
can sccludc the jurors and place them under
restraint during the trial. This was done dur
ing the Borden trial. The jury were not infu-
onccd by the heated and incorporate discussion
Of which the AttOrncy-Gcncral complains. They
were not allowed 10 read newspapers nor to
hold any communication with their friends and
ncighbors If the crowd OF absorbed spectators
I'm the courtroom revealed to them the interest
taken by the public in the case. proper de-
cor,iin was vigorously maintained by the bench
and II Is doubtful If they were affected In any
way by the cross-currcnts Of sympathy for or
hostility 10 the prisoner If public discussion
encouraged Lizzie Bordcn's lawyers, 1t also IN
viGoraicd the prosecution and strengthened the
Disrict-Attorncys final appeal against her
Indeed. the Borden was conducted from
beginning 10 end with dignity dccorum and
impartiality. and the jury decided it on the
merits Of the evidence and in conformity with
the charge of Il learned. high minded Judge
without being Influenced in any degree by those
exterior influences against which the Attorney
General invcighs. The trial. rs Il whole. In
stead If impairing the integrity of the judicIal
system greatly increased public respect for H.
The newspapers. by the publicity given to the
proceedings dccpcncl this impression.
Lawyers are very fond Of asserting that the
press has rendered IL impossible 10 have I'M
partial and intelligent verlicts from juricS. In
examining Il panel they act uDon the theory
that the box must be- filed with men who have
not read newspapers. and that jurors must be
selected on account Of their Indifference 10 me
interests ut stake aud the Darkness of their
minds This procedure not only puts hlgh
premium upon ignorance In The 1ury-boX. b''
+; t. also at variance with the original genius
Of ihc system ~ established In remote ages by
nations Of Tcu'onic and Scandinavian blood
In early English history jurors were taken from
the ncghborhood If the contestants, and were
deliberately selected from their acquaintance
with them and their familiarity with the facts
of The ease. Qualifications which were ono"
deemed essential in enabling jurics To arrive
nj proper ycrdicts are now ruled out by law
ycrs Newspaper readers are suspected OF
knowing too much 10 be- impartial AMI eases
are constantly submitted To ignorant bodies
which lack the intelligence required for follow
Ing evidence and forming just Judgment
Jury reform is question Of paramount impor-
lance In the maintenance OF the integrity OF
the judicial system. Lawyers will do well 10
give their undivided attention 10 that issue. ana
To- refrain from thOughtlcss Trades against me
prcsS whose chief function il tn inform local
nnluiou and 10 render communities more intcI-
gent In The discharge oI public duties