The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-11-25
SEATTLE. MONDAY. NOV. e5.
COUNTS AND NEWSPAPERS.

A writer in the San Francisco Law Jour
nal ably discusses the effect OF newspaper
comment In criminal cases. lie particu-
larry refers TO the application OF Dur
rants counsel for new trial based part
ly on the allegation that he did not have a
fair trial because the press OF San Fran
cisco published reports OF the trial and
made such comments that the reader
would infer the newspapers 10 believe in
his guilt even before conviction The
point Is not limited to that case, and the
writer shows the absurdity OF the logical
conclusion which must follow admission
OF such considerations in criminal cases
II the reports of newspapers are to lie
the excuse for a new trial. Is Il probable
f. that either new trial or change OF venue
viii mend matters? The newspapers and
the courts have each their own business to
attend 10. 1t is the province Of courts TO
try eases and of newspapers to report them.
II Ia a recognized rule that tuglcs shall not
discuss cases in which they are acting or
read the newspapers. Il they observe that
rule they will not he influenced by news
paper reports. So far as Partially is con-
cerned. newspaper reporters are no more
likely 10 be projudiced than jurors. ami
quite as likely 10 arrive at tho truth a
newspaper reporters capital is his RELIABLE
lily in the news he supplies his paper with.
IL he should err. the chances are very great
that a rival newspaper reporter win dis
cover Il. and throw discTedit on the first.
And so far as corruption is concerned, a
hundred juro are tempered with or in
fiuenced 10 oae reporter. whose influence
ineeed. amounts TO nothing. \ reporter
hardly ever knows what mission he viii be
sent upon next day, and he could never De
depended upon TO lee able to keep bargain.
even II he made one.
Instead or courts blaming newspapers r.
would seem as II newspapers might charge
courts with causing ;he hating gait OF
Justice. since 50 very eminent an author
iyy as David Dudley Field. brother OF The
oldest Justice OF the supreme court OF the
1alted States. does not hesitate 20 say be-
fore the American Bar Association: so
Gar as l am aware, there g 10 other coun-
try calling itself civilized where u IS 50 dif-
aeUlt 10 coavlct ana punish criminal.
and where - takes so many years 10 set a
decision between man and man. Truly
may we say. that Justice passes through
She land on leadon sandals"
Judge Elliott Anthony. president Of the
Illinois Bar Association. at It's eighteenth
annual meeting az Springfield, IL. on jan
uaFy "a and - Of this year. spoke 10 the
same effect. lie said; The great EFFORT
seems 20 10 20 Involve every investigation
os crime In a network OF subteties. artia-
cial distinctions and downright bubbles.
shut out al the discriminating evidence
possible. and then decide every case on
some technically. There is dissat!sfac-
ten everywhere throughout the country
IN regar.i % the methods adopted sud tbs
course pursued ~ our courts Ia dealing
with che vio.stcrs % the law. and It Is but
llttle wonder thar people 81 some 81 the
older portions Of the republic have az
times become eSasperatea az the tr.ains
and Juggling y hich are allowed and have
wreaked summary Vengeance on THUGS
and assassius. u the disgrace q cNiliza-
ilon aal TIE axe In which We 1--we"
As = general rule. she press is pnnctlt-
ously careful not 30 coasmeat upon = ease
whne under trial IN locAl calyt or course.
the same scgup.s : uot considered reces-
sary n cases being tried Tar oo. where a.s-
taaf comment cannot by any chaace aaec,
the result. and tie press IS. as r,s,e. re-.
seectcal IN as comments uesa jNe hssch
TheVs is re- rcasoa Nty decision sso-,
re- - saesec; "a comment st,s- 80 IS ruats
O. why tie treu3 g t1F.srratcree she4Ia
ret bs s3ejees 5t pua,.e discussion
Judgments are talked %. condemned or
approved h isymen. ans q voala ssen
rather a pasI.s advantage % have thsu
commented Upca n Fnsaoas eis say IS
taess mos. likely - be familiar VIA tss
several aspects q the cause. TIE srss.c.s@
vaula always &c tempered by se1ss e g..
responsibility horne hy Published antn's3
seEs.eas, al a. s.seaeo~@ G. -a.~st pa