Year: 1875

The people are fast losing confidence III
the trial by jury, and the Beecher case will
not serve to increase the popularity of this
"bulwark of our liberties" During the
recent trial the counsel for the plaintiff was
impelled to make the serious allegation
that attempts to approach the jurors by
the other side had become known to him
and his associates, and it Was promised
that the assertion should be made good
after the verdict had boen reached. No
person who knows Mr.. Beach will suspect
that this charge, so hazardous to his clients
interests with the jury, was made without
some supposed foundation, and it would
seem to be only due to himself as well as
to the jury that the promised inquiry into
the facts should be had. A failure to bring
the subject before the Court will leave the
taint unremOved. The Junior counsel on
both sides now evince disposition to
throw out insinuatiOns against such of the
jurymen as did not happen to be friendly
to their respective clients. Mr. Morris,
speaking in the plaintiff interest, declares
1--WE should have had verdict, and don't
pretend to understand why we did not get
it," We were informed three months
ago" says General Tracy, speaking for the
defence, that the lawyers for the plaintiff
claimed at least throe of the iurymen.
They must have had something to base
this claim upon. | can only say
that the other side were very quick to start
the cry of Stop thiefr charging that we
had endeavorcd to corrupt the jurors, when
they had not the slightest evidence of any
such attempt having been made Mr..
Ready, on the same side, cannot account
for the disagreement, declares that the
evidence did not admit of such u result,
and says, :" cannot understand what in
fluence was brought to bear upon the testi-
mony it is a mystery to me-" Some of
the jurors do not help to dispel the idea at
least of pro-eIisting prejudices in the jury
box. Foreman Carpenter says " | was Il
Bcecher man from the start. Nothing in
the evidence shook my opinion. Hence
am a Beecher man to the backbone


Another of the jury-Mr. McMurn-'ays,
81 am strong believer iii Mr.. Beecher's
innocence, and have been from the first,
for think the whole affair a put up job"
1t is impossible not to interpret this
language as ali admission that the minds OF
these jurors We're made up before they took
the oath to we'll and truly try the case and
Il true verdict render i'll accordance with
the evidence. They may not intend such
an admission, but if not their words are at
least unfortunately chosen.


Ii is not desirable that the jury system
should fall into contempt. Anything that
tends TO impart the respect of the pee
pie for the law and the administration
of the law is an evil. Hence the insinua
tions of counsel against the integrity Of the
Bcecher jury and the remarks of the super
serviceable Beecher julymen are both to b,
deplOrod. There IS nothing in the facts t,
cast the slightest imputation on the honest,
OF the jury. The ballots stood sometime
seven for Beecner and five for Tilton
sometimes seven for Tilton to five 70
Beechcr; sometimes six against six; some
times eight for the defendent and four 70





This proves that the minds of many wer
huctuating, and is consistent with the grea
diversity of opinion outside. Indeed, it


fair to conclude that on the broad questio
Of the guilt or innocence of the defondar
the twelve were as nearly evenly divided {
possible, and that the eventual result
nine to three was attributable to a desire I
agree and the natural disposition to Civ
the accused party the benefit of the doub
Still it is none the less to be regretted tha
tho indiscreet zeal of counsel and the Ill
rejecting sympathy of some of the jjuryme
should have made the result Of the rcvoltin
trial means of bringing fresh disreput
and contempt upon the verdict OF the jur
box generally.-N y. HtrM.