The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-10-31
ONE MISCARRIAGE OF JUSTICE
DOES NOT AFFECT THE
PRINCIPLE.

With it's defects, there is no sys-
tenn of administering justice that can
be compared to the jury system. The
men who demanded it from an unwill~
ing king found it the only hope of Sc
curing what in this day we would call
"a square deal" 1t has come down to
us preserved by the blood of our fore
fathers. A jury of twelve men. Sc
| lected in accordance with the letter
and spirit of the law, is the best nope
| of Justice the wisdom of the ages has
deutschland this conviction is not
changed a whit because by the irony
of fate" the News and Observer ''got
it in the neck as the Greensboro
Record suggests might be the case
| in the following editorial
Its too bad when ones idol is shat
| tered. just smashed to smithereens.
Here is the editor of the esteemed
| News and Observer, Raleigh; no man
| has stood up or fought harder for the
| jury system in this country than Mr..
Daniels; he has lambasted judges
right and left for taking case away
from a jury. Trial by jury shouted
Mr.. Daniels, is one of the inalienablc
rights of free people, or words to
this effect. He says this has been his
| policy and it must be true. Perhaps
he has not changed his mind yet,
though he may be shaky, for the very
! first time jury made pass at him
| they soaked him for $4,000 in the suit
of Col. Osborn against the News ana
Observer and NJ. T. Leach. 1t seems
| like the irony of fate, but Mr.. Daniels
got it in the neck. OF course no one
knows outside OF the jury, but it is
likely they thought they were doing
him a great favor in awarding a judg
ment for only $4,000 when the suit was
for $4,000. 1t is a trite saying that
you can never tell what jury is going
| to do. Mr.. Daniels may have been of
this opinion heretofore, but now he
knows it is true
Trial by jury is worth more to the
world than the News and Observer.
If one jury should crush the News aud
Observer. that might be an argument
for an Improvement in the methods
and a reflection upon that particular
jury, but it would not warrant an as
sault upon the time -honored system
of administering justice. This paper,
with reverence selille the man in the
Bible who said: Though He STAY me
vet will l trust in Him." The life of
| one man or newspaper is not to be
weighed against the Light and the
Right.
AS matter of fact, while the YER
dict of that jury was so excessive as
to outrage the sense of justice all over
the State, the chief error was made
by the Supreme Court. The case has
been settled upon the terms this paper
has been ready to agree upon for more
than u year and it is not our purpose
to discuss it in any phase. But, since
the Record thinks the verdict will
shatter the News and Observers faith
| in trial by jury it may be well to
make two observations:
L. The Supreme Court, only two of
the present justices sitting on the case,
erred in constituting away the main
features in the London libel law in an
| opinion over-ruling Judge Allen. That
unexpected repeal of the law deprived
! the News and Observer of the rights
conferred upon all newspapers by the
Legislature. That opinion, having been
rendered in this case, the News and
Observer could not present the ques-
ton of the libel law in this appeal, to
the Supreme Court, as now organized.
In one opinion, the court has upheld
the law in it's entirety; in this opinion,
the courts construction takes away
the very protection the Legislature in
tended to give to editors. We hope to
To
the court as now constituted so that
the editors may know whether they
are to be judged by the enlightened
and modern law passed by the General
Assembly after long discussion, or
whittier the Anticipated laws that suited
the age of Gutenberg are to remain
in force in North Carolina in the
twentieth century.
2. The Supreme Court, in it's opin-
ion. over-ruled Judge Allen and said
the publication was libelous per Sc.
Judge Ward felt bound by that state
ment and directed the jury that the
plaintiff must recover penny and
the costs This limited the nght be-
fore the jury to the quantum OF dam
ages. The jury, therefore, never really
heard the case on it's merits, being in
structed that they must find verdict
for the plaintiff. In our hunole op1n-
ion, the Supreme Court was wrong
and Judge Allen was right. But when
the court speaks, it is flnal' and all
good citizens must bow to It's decisions.
This reference to the case is made
here to saw this; The verdict of the
jury was a heavy lick but the decis-
ion of the Supreme Court was the
original solar plexus blow. we still
beliezsAas,.iuS.y trials and in the ability
and =. the Supreme Court
On ~ [a.<Ef12z IL destroy our faith |