New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-07-19
THE TRIAL AT BAR.
A PECULIAR FORM OF PROCEDURE TO BE
USED IN DIR JAMESON'S CASE.


USED IN DIR JAMESON'S CASE
What IS known in English Jurisprudence as
trial at bar" is the most solemn and impressive
mode of inquiry known in the British Empire and
the announcement by the Government In London
that 1t is about to be invoked in the Of DR..
jameson constitutes guarantee to the accused
that his actions will be investigated in the
careful, impartial and passionless manner known.
and to the Transvaal Government a proof that Mr.
Chamberlains promise regarding the bringing TO
Justice of its former prisoners is about TO be full
filled completely possible
trial at bar differs materially from any other
form of criminal inquiry and owes its origin to the
day when Judges were more susceptible to political
and social bias than they are to-day and when II
was. therefore, considered dangerous to the inter
ests OF justice conide a single judge the drec
ton of a criminal inquiry into facts which had
strongly excited public feeling. Even the occupants
Of the English bench to-day. in spite OF their we'll
deserved reputation for impartiality are. after ALL
but human beings. who cannot remain entirely in
different like so many statues Of stones to Gues-
tions that have moved the Nation to its heart
or remained untouched by the contendng current Of
public passion. The trial at bar is destined to OBJ
viate the danger of men being tried and jury in
fucnced by a single Judge innocenty and uncon-
scousy approaching his task with prejudice for or
against the prisoner or prisoners before him. The
principal distinction of a trial at bar lies In the
fact that ii must take place before n jury and
more than one Judge The number Of the latter IS
unlimited and must be fixed by the Lord Chief
Justice Of England: but three four the usual
allowance.
Each of the Judges takes active part In
the proceedings, can put questions TO witnesses,
and can even up the evidence and direct the
fury If he differs from his colleagues desires to
emphasize any point that he deems them TO have
overlooked neglected. Another difference from
the ordinary criminal trial is to be found in the
tha at b1r Is in n a ~
the duration Of the legal term make any
rangement plefscs for the continuance. adjourn
ment and cessation of proceedings. as well as for
the place where the inquiry is to be conducted.
Lastly. the proceedings At bar. unlike at an ordi
nary criminal trial. not final, and a rehearing
Of the case may always be applied for. either by
reason of questions of evidence or informally Of
the proceedings.
A trial ut bar is so called from the ancient ar
rangement Of the court In the olden times the
or hall in which justice was dispensed WIS
simply partitioned off by a rail or bar on one side
OF which sat the Judge and the other side stood
the counsel litsants and general public When
person was In the position Of opposing the Crown,
either in civil or criminal proceedings. he was com
PEELED 10 appear during The whole trial at the bar
in fun view of the court, so as TO be easily within
reach of the executive in 1t became necessary
to put into force any judgment of the tribunll
During the seventeenth AMI eighteenth centuries
trials at bar numerous. but il recent times
great has been the confidence of the people and OF
the successive Governments In the impartiality and
ability of every individual member of the bench.
that in England this form Of trial has been invoked
only five times In criminal cases within the last
hundred years. The two most recent instances
the Tchborne case, I'm 1873 resulting in the
dennation penal sorvitude of the imposter Or
ton. and the prosecution of the late Mr.. Brad
laugh in 1881 for having voted in Parliament with
out having previously taken the statutory oath In
1904 an Irish Judge Of the Dublin Court of Common
Pleas was tried bar before four Judges for Grim
inal libel In 1917 Thistlewood and a number of his
confederates were tried for Indictment TO rebellion.
while I'm lSi the ringleadcrs of the sangunary riots
AT Bristol were likewise tried at bar.