Year: 1875

State, but the reform has not pech caiiou
nearly far enough to tighten the heavy pres
sure upon this city as it should be llshtened.


---


TIE JURY AND TIE CONSPIRA1OhS.


We never heard of a lawsuit before III which
If WAS proposed, after the jury had beer
locked M six davs in consultation over their
verdict. to call them out for the purpose oi IN
forming them that certain testimony when
the Judge had excluded, which had not been
given in court, and of which the law pre-
sumed them to be ignorant, had been dis
covered since they went into seclusion to bc
entirely false. At first sight the suggestion
seems too absurd for debate. But on closer
examination that is not so clear.


The BROOKLYN trial has been an atfront to
all preccdcnts from the start. II We say that
it has been conducted in defiance of the prac-
ticcs of the courts and sometimes of the deccn-
cics of the profession, we do not mean to
charge that the rules of law have been delib-
cratcly transgrcssed, or that the judge has
shown any lack either of knowledge, prudence,
uprightness or impartiality. People have often
opencd their eyes however in amazemcnt at
the proceedings in and around the brooklyn
CITY Court. wondering at one moment whether





the twelve men IN the box or the twelve mil
lion spectators outside, rerplexed at another
to discover by what cXtranoous arts the advo-
Gates expected to influence the jury III It's de-
cision. There was no excuse for nursing the
sensation by dragging forth such masses OF
irrelevant testimony, and turning the court
room into a cesspool for the reception OF all
the vile humors and filthy scandals OF
two cities. GOssips were allowed to empty
their overloaded budgets into this noiSomc
place. malicious persons To discharge Their
venom into it, while the lawyers who
stirred up the mess threw III rom
time to time their private cnmitics and
cnvics. Counsel seemed occasionally 10 aban-
don their proper functions for week or so at
time in order to devote themselves to the
| manufacture of outside sentiment and IN the
closing days of the trial the extraordinary
spectacle was presented of the plaintiffs advo-
cate launching philippe against the jurors.
Meanwhile the task OF cORCiaciRg the jury was
turned over to the populacc, the newspapers,
and pair of pcIjurcrs. The press discussed the
case with Il freedom and acrimOny which III al
most any other community than ours would
have led to the imprisonment of the editors
for contempt. The partisans of one side or the
other Ovcrran the courtroom and appIandcd
with as much vigOr as the gallery of a theater.
Finally two false witnesses came, and by "a
device which we have already explained their
lies were spread before the jury, untestcd and
uncontradcted, and left to work their effect


After all these amazing performances the
absurdity Is not in proposing 10 tell the jurors
| the truth, but in pretending that the
| decent administration of justice fOrbids
any communication to I've made to them. Ii is
understood that the counsel for Mr.. TiltOn
object to have the solemn deliberations of the
twelve disturbed for any such irregular pur-
pose That of course We all expected would
be their answer to the proposal We hope
| they have considered the position in which the
refusal places them. Loader and Price might
have lied till Christmas without doing any
harm if Mr.. Morris and Mr.. Bcach had not
taken them by the Land and introduced them
! to the cOurt as respectable persons entitled to
belief The two wrctchcd cOnSpirators made
up il monstrOus falsehood which fell to pieces So
quickly when it was subjected to the slightest
examination that they were obliged to confess
the imposurc; but Mr.. Beach and Mr.. Morris
took the responsibility of submitting that false
hood to the court a. truth and practically of
putting it before the jury for the sake Of
affecting their decision in a momentouS issue.
Now that the fraud has been exposed they
abandon the conspirators TO their fate, but
decline to undo whatever wrong they may pos
sibly have accomplished. They spread the
calumny they will not consent to make known
the contradiction.


OF course we shall be told that the proposed
communication is irregular and unprecedented.
1t does not become the counsel who have rep
resented the plaintiff in this trial to speak of
pIecedcnts and rules but We are not arguing
that the doors OF the jury should be
opened. Our only purpose is to exhibit Mcssrs.
Beach and Morris in the predicament of their
own contriving. as a warning to young prac-
titioncrs. Over-smart lawyers, above all other
men, ought to be careful.


LESSONS From TIE T4EGLTS.


All accounts of the international rifle match