Year: 1867

The Times takes exception to our remarks
upon the Cole-Hscock homicide, and Is I'M
able to see how it is possible for public
journal to avoid expressing very decided
opinion upon the guilt Of the accused, when
his guilt is to all in:c" and purposes openly
avowed. But the pom, just here: the guilt
is not avowed; the d liberation. the malice
aforcthought, which makes killing murder,
Gen. Cole and his friends deny; and we con-
tend that so long as this matter is undc-
teImincd the press is bound, in the interests oi
Justice and humanity, to abstain from fore
stalling the verdict of the Courts, or condemn
ing the prisoner beforehand of a capital crime.
What chance is there of an impartial trial
If the newspapers are to decide the whole case,
before il goes to jury! What prospect has Gen
Cole of finding twelve unprejudiced men to weigh
honestly and without bias whatever excuse he
may have to offer, if the journalists. who guide
public opinion, are to shout all over the
country that his excuses are lies, that ms acton
was indefensible, and that he deserves hang
ing? That one human life has been taken is
no reason why we should recklessly sacrifice
another. Because murder is an atrocious crime,
we are not, therefore, to hound on to destruction





guilty of it. The assassin taken red-handed
with his weapon in his hand, or his knife still
at the victims throat, Is entitled to falr trlal
before he is punished, and no man may SIT Oh
the jury who has already made up his mInd
about the prisoners guilt. The law recognizes
the sacredness and grave Importance of the
duty before it, and wisely provides that man
shall sit in Judgment upon the life of his fellow
man only with passions Gained and mind un-
warped by prejudice. How is such trial to
he obtained if the press is to treat the accusa-
ton all as proved to pooh-pooh at the de-
Tense before it has been heard, and to put the
verdict into the jury's mouths before the ac-
cused has been anagned


We say these things not out of any convic-
ton respecting the merits of this particular
case, nor out of any personal feeling toward
Gen. Cole, for we do not know him. We speak
only in the interests of justice. We feel that
the press has n heavy responsibility to bear IN
discussing questions upon which hangs the lie
of human being, and that many of our CO.
temp0rarics are far from approciatng that re-
sponsibility as they ought TO. rash judgment
uttered by private citizen might do no harm,
when if put forth by paper like The Times
or THE TRIBUNE It could hardly fail 10 do
great mischief. If Mr. Raymond sees fit to tell
his acquaintances that he does not believe Il
word of Coles story, we have no conf
plant to make; he has perfect right to do
SO, and it is not at all likely that the remark
will have any effect upon the verdict OF the
Jury but when a newspaper declares, with no
better basis than conjecture, that the excuse
which is offered for the homicide is n pure
fabrication, and that Cole killed Eliscock on
account of some dispute about money, the case
is very different. Here % grieyous wrong Is
done, and the prisoner is virtually found guilty,
without giving him, to quote the words OF me
Times. "tho slightest chance for explanations
" denials or self defense Whether a man may
kill the seducer of his wife is of course faIr
subject of discussion for those who choose to 20
into it; but when The Times declares, as
il did yesterday morning, that the Albany
tragedy was as deliberate a murder as II Is
possible for one to commit that lit had every
" element which the law makes essential to
that particular crime" and that Cole de
" liberately shot and killed his victim after
" three days reflection it states what it does
not know and has no business to assume.