Year: 1874

II would be sad indeed if society should
evolve from the present scandalous excitement
no truer idea of the value of gossip, using that
familiar word to indicate not simply loose ana
current talk but discussions and decisions
having in them nothing OF the method and
accuracy of legal investigation. Ii is true that
the verdict of jury in many cases still leaves
public opinion divided but 1t has III 1t never
theless something of determination. and, for
certain purposes, OF iinality. An extra-judicial
hearing can only establish somewhat indefinitely
the weight OF opinions. Usually, however, so
much of personal bias and prejudice is in
voved in such affairs that, after all possible
argument and scrutiny, society divides itself
into those who accept and those who reject
the informal finding. We had a notable in
stance of this several years since, when Mrs.
Harriet Beecher Stowe brought monstrous
accusation against the memory of Lord Byron,
and printed a volume in support OF her indict-
ment. The legal limitations OF evidence never
appeared wiser than during the debate which the
lady's shambling and untrustworthy narrative
created and we pointed out in THE IRiB-
UNE at the time the danger and the injustice
of such guess-work, suspicion, and unscnerorS
surmse. The great poet is dead; though
pyramid of calumny should be piled upon his
grave it would not disturb his peaceful SUM
bers but the great preacher still lives to feel,
if he be innocent, how cruel is the tongue OF
the slanderer and how uncharitable are the
judgments of mankind. SO perhaps he must
he content to live during the remainder OF
his life, solaced, it may BE-, by a good con-
science, but still found guilty by many and
suspected by more. 1t does not alter the fact
at all to say that this is a cruel misfortune.
The grief, whether it be the grief of crime
committed or of an injury suffered may long
remain.


The manner in which investigations like
that to which we have alluded are conducted
must be exceedingly irritating to a mind pos
sessed of legal instincts and accustomed to the
nice and philosophical distinctions of the Law
of Evidence. There is a hash OF hearsay.
There is constant leading OF witnesses.
Documentary evidence so garblcd and tam
pered with that it would at once be laughed out of
any law court in the world is admitted with
hardly question. No attempt is made to es-
tablsh the relative value of conflicting testi-
mony. The accused and the accusers, the
Judges and the witnesses, are all equally par
ties in interest Everybody says what he sees
fit to say, for if silenced in court, he remem-
bers that the public is the jury after all, and
so he resorts to a newspaper and prints what
he was not allowed to utter. About the mat
ter there is hardly the formality of an old
womans youble dispute. We have had rea-
son more than once for pointing out the
unfortunate ineiiiciency of our self-cOnsti-


IL, n,,,ttr H.
ing has lately occurred to cause US to change
our mind. Men who would judge rightly
must Judge methodically. Otherwise, though
the verdict may be right, it will be so only by
accident.


Society, however, though a slow, is pretty
sure tribunal Indescribable forces, unclasslfed
processes, legal ratiocinaiOns, not the less
effective because their operation is somewhat
dilatory, ore still half unconsciously at work
through all the dreary drama of denunciatiOn,
recrimination, and sef-defense. The intui-
tions of mankind are the sternest and the
most equitable of judges. We believe that in
the excellent Society of Friends. whenever
differences may arise, the taking of a vote is
dispensed with and the clerk records what
appears to be the sense of the weighty part"
of the membership. 1t is 80 usually with So
ciety when character is arraigned. Public
opinion gradually but inexorably asserts itself.
1t inhlcts no fine 1t pronounces no sentence
of Imprisonment 1t creates no legal dsabil-
tiles. 1t seldom puts its determination in
definite form. None the less heavily, however,
does it smite its guilty object-nOne the less
surely, if that object be innocent, does it re-
assure and rehabilitate him. Gods mercy, or
NAV be Gods anger, is in its decision.


Just MY LUCR!p