Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-15
Press, Public and Testimony.

While awaiting Attorney General Bona
narte's opinion on the practicability and
legality of establishing a censorship over
the newspapers during the tendency of
such cases as the Thaw trial. 1t may be
well TO recall to mind the words of the
late Justice Andrew c. Bradley. of the
District Supreme Court. uttered from the
bench during the progress of a celebrated
breach OF promise case in this city several
wears ago The case involved well-knOwn
people and much testimony OF revolving
character was offered. Public interest was
at high pitch and complaints were ut
tered as now. that the publication of the
testimony was inimical to public morals
Justice Bradley at last took cogniZance or
this condition and spoke as follows:
The public should understand. and
assume that the public generally does that
court presume to exercise any
censorship of the press. But l would sug-
gest to the correspondents, and all mem
beers of the press. that 1t is in the best
interests not only of this but of every COM
munily in the land to which these news
papers go. that as far as possible all dis
gushing details that may be deemed essen
tial and material to be given in evidence
in the course of this trial should be with
held from publication. The publication of
these matters would in my judgment be
sufficient to exclude the papers from the
mails. l trust that in the interest OF the
people of Washington, as well as or the
people at large all over the country, the
families into which these newspapers go.
that these details will be withheld
In the main, as far as the presentation
of an accurate and Ineligible report OF
proceedings permitted, Justice Bradleys
plea was respected and the testimony was
pruned of much of the Objectionable de-
tails before publication. The suggestion
was then made that the doors of the court
should he closed when witnesses were about
to testify whose statements would shock
the public sensibilities, but Justice Brad
ley hesitated to take this step, fearing a
possible effect of such a course upon the
legality of the verdict rendered.
1t has been contended that the surest
and best way to reach this evil is to pro-
vide by statute that in the discretion of the
court and with the consent Of both sides
the public and the press may temporar-
lily be excluded from the scene of a trial
involving matters of extreme moral turpi-
tude. Such device might prove effective.
and if declared by the highest court to be
constitutional it would serve the purpose
without menacing the efficiency of the trial
processes.
Whether the sensational press is the
for salacious details is moot point, not
yet satisfactorily settled. 1t is plain, how
ever that an unwholesome demand today
exists and it is the duty of respectable
newspapers with an eye to the decencies
of life as well as to the business Of pub
LEGATION. to print only much of the real
news of current situation as the interests
of Justice require while refusing to cater
to the morbid tastes of large numbers who
delight in prurient suggestions and unclean
revelations. Just where the line Is to be
drawn is difficult to decide. Each publisher
must have his own measure of morality,
and in the long run the average standard
is likely to be more trustworthy than any
arbitrarily set up by an administrative GEN.
sorship. At the same time some news
papers VIII grossly offend against the laws
of good taste and public morals. What is
to be done in such cases is a serious Ques-
ton. It baffied even so vigorous. high
minded and fearless a jurist as Justice
Bradley. whose only suggestion was that
the publication of certain details of testi-
mony was sufficient to bar the offending
papers from the mails.
II is interesting also In this connection to
recall Justice Bradley's words. uttered from
the bench on the same occasion. regarding
the people who crowded the court room
during the trial:
The morbid curiosity of the people who
crowd around the parties to this suit Is
simply disgusting. / want ii distinctly
understood that this court Is not open to
furnish qualification for idle spectators
The spectators are also on trial, for indie
cent conduct. and they have been found
guilty. They remind me of buZzards. sit
ting on a fence waiting for a sick horse to
die: watching for their share of carbon
II is disgusting! see before me the same
faces day after day. of those who conre to
feed their minds upon prurient matter"
This sharp rebuke. which bespoke Justice
Rradleys attitude toward all things I'M
Clean, should be repeated in every court in
the country where the human buzzards
flock to feed upon the filth of crime
tragedy and immortality.