New-York tribune., 1896-05-31
THE FLENING TRIAL..

The trial of Mrs. Fleming was predcstlned
TO be one of those cases which are currently
designated and long remembered as "cele-
brated" 1t is not always easy to explain why
n particular crime eXcteS extraordinary in
terest. stimulates the office Of the public prose-
cutor to eager activity and brings every part
of the machinery of the law into conspicuous
operation, while another case Of equal i'm
portance intrinsically, exacts little effort, at
tracts little notice and is instantly forgotten.
And yet the elements on which prediction Of
notorety can be safely based are generally
disccrnble. and the expectation OF sensa-
tional trial is seldom disappointed The COM
munity has no greater interest in seeing abso-
lutte justice done in Mrs. Feming's case than
it continually has In the trial of indictments
for murder and it is q misfortune that with
the cooperation of the press. circumstances
having no relation to the welfare of society
are evolving spectacular show out Of q judi
cial process.
Some things are done better in England than
in the United States. and the administration Of
the criminal law is undoubtedly one of>them.
Justice is far swifter there than here, and II Is
not less sure, to say the least. If in this case
the processes Of our courts could not have been
filling of the jury-box the presentation Of the
evidence, the formal speeches Of the lawyers.
the judges charge and the verdict might all
have been comprised within the compass OF
two or three days. and there Is no reason to
believe that any wrong would have been In
fictcd on the prisoner or the people. Murder
trials Of the obscure variety often are con-
Quoted to a satisfactory conclusion in as short
a time as that, when counsel have failed TO
find in them opportunities for display. when
experts have not been summoned to accuse one
another of ignorance or avarice. and no other
obstacle has been intcrpOsed TO prevent rapid
and orderly disclosure of the facts. The elab-
crate devices which cnsnare the Court, eXas-
perate witnesses, nfame the passions Of
brethren at the bar. and bewildcr the jury, are
not altogether prepared for that purpose, but
that is commonly their effect They doubtless
exhibit the ingenuity of lawyers and excite pro
feSsiOna admiration of n certain sort, but they
are the prolific source of delay, reversals. ex-
pcnse and substantial injustice.
Doubtless our laws permit much scandalous
trifling with them, but can ii be believed tha.
no power resides anywhere TO prevent such
displays of venom and vulgarty as the trial
of Mrs. Fleming Is now producing from day to
august and pure" should be insulted by the
conversion of the courtroom into an arena for
the manifestation OF passions which disgrace
those who cannot curb them. while spectators,
whose chief interest in the proceedings Is in
splred by the hope that a vile curiosity Will be
dvertingly gratfed, laugh and are happy
A star chamber might be worse than any CON
ceivable abuse Of an open court, but there Is
no need of enduring either extreme. Publicity
IS not Inconsistent with decency. An issue Of
life or death does not furnish a suitable occa-
sion for testing. The lawyer VINO tells an un-
dertaker on the witness stand to speak up as
If he were sending the mourners at n funeral
into the front room IS not appropriately re-
warded by the merrment which his brutality
prOvokes. and the Judge who should permit
such sallles to succeed would reveal an made
quate conception Of his duty.
The Fleming trial has already exhibited many
Of the most fragrant abuses which have been
permitted to grow out Of our system OF crimi-
nal procedure. and all the signs forecast com
plete revelation Of these serious evils before
the verdict shall be rendered The case Is sure
TO be notorious on this account. We hope that
it may also be identified with the development
Of a public and professional sentiment strong
enough to compel q wholesome reformation.