Daily press. [volume] (Newport News, Va.) 1896-current, 1907-08-04
Entered ut tho Newport News. Va.
Postoffice rs sccond-clnss matter.
SUNDAY. AUGUST 4, 1907.
BRITISH JUSTICE MUCH MORE
THAN OURS.


Justice Vernon NJ. Davis of tho
New York Supreme Court, while sit
ting as visitor in tho criminal Court
of London, saw man and II woman
sentenced TO long imprisonments at
hard labor for attempted murder, in
II trial which lasted just six hours.
tho case had Il certain International
Interest, because the victim was the
celebrated Gucrin who escaped from
Devils Island TO this country. and
one OF his assailants was an Amer
lean woman of bad rcputc. the other
being Gucrins rival for her notice.
Tho comment of Justice Davis IL
that this celebrity would he impossible
In the United States lie is of the
belief that this is largely due 10 the
fact THAT our venircmen rend the
newspapers much moro closely than
the English, and so make up their
minds In advance, and to tho abuse OF
tho appeal system here. which leads
counsel to waste time contrivng OBJ
jcctions and laying the basis for up.
peals.
In Great britain the public ana
the newspapers do not NEEDLE with
trials until after tho verdict. Though
this was very sensational case,
there was no crowd in tho court
room the visiting judge saw neither
nr MI
wise qualified for jurors had no pop
ular knowledge of the case on which
to base prejudice,
Therefore the jury was selected in
exactly two minutes. In tho United
States It might have taken two
weeks. There Is no lack of public
opinion in relation to british criminal
cases. but II tries to influence the
penalty after the verdict instead OF
before.
The absence of the right of appeal
in British courts has the same effect
in cxpcdlting the proceedings that
the absence of newspapers discussion
has in expediting the selection OF Il
jury. The American judge did not
hear single Interruption or objec-
ton by opposing counsel In this i'm.
portant case.
These are important differences,
but there is another still more import
ant one, namely that which springs
from the relative position of tho
judge in this country ana England
The English judge controls the jury
as our judges do not, and It takes
the law from him implicitly. AS no
occupies u position of greater authori-
~ and dignity than here, the jury
there is snbordinated to an extent
unknown, even inconccivable in this
country. There is no jury made law
in England Jurios have no such
notion OF their functions as American
Jurors have. This Offence is shown
in the selection of juries there and
here. In England it is assumed that
Jnfymen will do his duty, take his
law from the judge and decide upon
the TACT according TO his own con
science. Here the contrary is as.
sumed. The freeborn american citi.
Zen is supposed to have extra legal
ideas all his own to put into effect
in the jury box. lie is expected to
give vent TO his individuality. The
English Judge is supposed to keep the
examination within certain bounds,
but 1t is seldom necessary for him to
interfere. Cross examinations arc
terse and to the point and the open
ing and closing arguments are logi.
cal and matter OF fact nrrayinr OF
the fact in evidence.
Obviously the differences between