The times. [volume] (Richmond, Va.) 1890-1903, 1902-04-06

~ 6A3ectod communications vF1l 7AVs -
1ssned unless accompanied BY stamps.
SUNDAY, APRIL 9. 1902
PUBLIC SENTIMENT AND COURT
TRIALS.
Several days ago, in commenting on the
8 syial OF James wilcox at Elizabeth City,
IN c.. for the murder OF Nellie Cropsey..
Ne. took occasion to refer to the state OF
psbiic sentiment IN the community which,
an our opinion. had its infipence upon tho
Jury. Tho courtroom was thronged with
men and women. who were in sympathy
With the distressed family Of the murdered
Gha md who were clearly OF the opinion
that wilcox was guilty Of the murder and
that he should be hung. There was a
ss,aaifestation OF this when counsel Tor
wilcox came TO speak. "A large number
az the spectators. with one accord and as
I ar sy agreement, arose and left the court
roem IN a body. By this act they said
~ plainly ~ though IN words that they
believed wilcox to be guilty end that they
were unwilling to hear anything that
might be. said In his behalf
our criticism was that in such state
Of public sentiment and with such q crowd
present IN the courtroom. undue influence
was necessarily brought TO bear upon the
FURY and that II was impossible under
such conditions for any man accused of
cssme to got what tho law guarantees him
- fair ana impartial trial
AZ the time that we wrote We did not
recall that the Court OF Appeals OF Viz
eania had but recently passed upon a
edsyiilar case. The case under review was
chat OF Doyle vs. the Commonwealth,
from the Corporation Court OF Lynch
burg. The appellant had been tried in
that court on the charge OF criminal as
sanlt and it was claimed that the jury
was unducly Influenced by the crowd in
Ahe courtroom. which was fnanifestly OPP
posed TO him. During the progress of
The trial when the mother of the girl upon
whom the assault was committed was
testifying there was applause which the
court promptly rebuked. and further
threatened to clear the room. Again,
during the argument Of counsel for the
prosecution. his remarks were applauded
and the court again threatened to clear
the ROOM
In passing upon these incidents, judge
Keith president OF the Court of APP
peals, in his written opinion, said:
1t is much to be desired that courts and
3uries should hear and determine causes
submitted to them, especially those which
Involve the life or liberty OF the citizen.
free from all cxtraneous influence of
whatever character; that the trial should
be guided and directed by the cold neu-i
3 t-alitS of an impartial judge. and that
the jurors should act without fear or
favor. with an eye single to melting out
Justice, regardless Of all except the law
and the evidence. But such an ideal is
impossible of attainment, and unhappily
that class of cases most likely to stir
the passions and sway the judgment of
jurors appeals TO the sympathies of the
community, and the day OF trial finds a
crowded courtroom. With Such an en-
vironment it is impossible that the jury
sholsd BE unconscious Of its influence. All
outward expression may be suppressed,
but its subtle force will be felt despite all
efforts to curb and restrain 1t. Recog-
mixing Its existence and for the want of
a better name, we call it magnetism. but
however designated, all realize and con-
fess Its powers
Judge Keith further said that where the
trial judge has failed to exercise its dis
erection with becoming vigor in clearing
The courtroom, or where the public has
been so violently excited as to overawe
the jury and to afford ground for the be-
lief that justice has not been done it
would be the duty of the presiding judge
TO get aside the verdict. But he did not
think that the case under review was
ouch as ITO, demand or justify interference
pn the part af the Court of Appeals
Judge Cardwell wrote dissenting opin-
eon. in which he contended that in this
case the demonstration OF the crowd in
the courtroom was such as to justify in
reference on the part OF the Appellate
court and the ordering OF a new trial.
We have not the space to go into the
"details as Judge Cardwell rccitcs them,
but the main facts have already been
covered. We are more interested in his
conclusions. He calls attention TO the
TACT that the Legislature has provided. In
The interest OF good order and fair trials,
that the coutt-room may be cleared OF
any and all persons whose presence is
I not deemed necessary, and he thinks that
{ 1t was clearly in the interest. OF Justice
and a fair trial that the courtroom in
shis case should have been cleared, The
/ gist OF his remarks is found in the fol-
lowing extract from the opinion:
Recognizing tho necessity: for greater
precautions against a Violently excited
public oNerawing jurors in trials involr-
Ing the life or liberty OF the citizen, the
statute adverted 10 was enacted, authoriz-
sng the clearing OF the COURTROOM of
angry or excited crowds during such
trials. and Intending also, it Is true. as
q protection of the feeling OF those whose
4 presence is necessary to a trial like this.
us Well as to exclude persons OF tender
years who. should not be permitted to hear
.;.,1.S scSo of Ia