Newspaper trial is the great bugbear of lawyers who defend criminals. If they, however, possess that tact and discretion which Lord Bacon in an essay has declared to be often more useful than learning in a barrister, they will follow the newspapers and temper their own shearing action or inaction and addresses to the press-wind that has been blown or is blowing upon the jurors. And, sooth to say, sometimes coun sel for prosecution or defense may often find valuable hints and suggestions from the trial by newspaper. In a recent trial before a New York court of a man accused of murder, I read in one newspaper, while the trial proceeded, a well reasoned expression of belief that a verdict of guilty would inevitably be reached, and giving reasons; and in another journal of the same date the very opposite belief was impressed upon readers. Now, suppose one juror perused the article that impressed guilt and that another juror read the article of op posite faith, what an opportunity is presented for disagreement within the secrecy of the jury chamber. A prudent and tactful counsel for an ac cused will always pay attention to any news paper trial of his client — whether before arraignment of the latter or during his
crucial test of liberty or life — and consider the newspaper as a factor in the legal trial. If fhe counsel can impress views upon the attendant reporter or upon a friendly editor, may he not be excused for taking what part he can in the trial by newspaper? As press procedures go, his professional attention to such last named trial may become as neces sary and as potent as his attention before judge and jury to the interests of client. Be it a mischief or an aid or a disadvan tage, the trial by newspaper is an American institution, almost unknown in England, and one that cannot be regulated, nor disowned, nor stopped. It exerts influence on magis trates, coroners, grand and petit jurors, and even upon some members of the Bench in these days of an elective judiciary. Strength of arm and goodness of steel and finesse had their uses in trial by battle: and wind, tide and waves influenced the luck that came to an accused who was subjected to the ordeal trial of the drowning or flotsam test; and the point of compass that the N-E-W-Spaper in its trial of a client may select for ' the direction of its pen is often as important for the lawyer to box as is the boxing of a jury under challenge or under evidence and direct or cross examination.
