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[ BARNSTABLE COUNTY MUTUAl FIRE
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YARMOUTH PORT, MASS.
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Nsw Advantages and Old Fashioned Integrity
Curing »h» life of tht company It hai nsver paid leu
than 30 ptrcarr) dividend*.
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Application! for Insurance ihould bo mado to any
of tho following:
Robert G. Dowllng Cecil I. Goodtpeed
| Hyannis Osterville
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Edward L. Harris Howard J. Carlton
Barnstable Sandwich
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307 Main Street, Hyannis, Man.
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Friday Evenings; 6:30 P.M., to 8:00 P.M.
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Mambar Federal bepoiH Inavranc* CorporMton
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MITCHELL MOTORS, Inc.
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THE FRASER NURSING [
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BY
HAROLD W. SULLIVAN
A.B. Boston College, LL.fl. Yale School of Law, LL. M. Harvard Law
School, sometime member rcportorial staff the San Franciso Chronicle,
the Boston American, sometime professor of International Law,
Portia Law School, former Assistant District Attorney, Suffolk
County, Boston, member of the bars of Massachu-
setts, New York and the Supreme Court of the
United States.
Lt. Col., J.A.G.C., U.S.A., Ret.
The Barnstable Patriot has acquired pre-publication
rights to "Trial By Newspaper "written by Harold W. Sulli-
van, Hyannis attorney, and printed by The Patriot Press.
The book is in limited edition and may be ordered in advance
at $5 a copy at the Patrio t Office , 24 Pleasant Street , Hy-
annis.
The book which began with the Jan. 5 issue of The
Patriot is being published in serial form from week to week.
The third installment which f ollows herewith is a continua-
tion of Chapter I,
"PRETRIALS BY NEWSPAPER PUBLICATION"
The silent unknown world we have to deal with is out
of sight, out of reach, and to a great extent, out of mind.
It has to be explored, reported, and imagined, but gradu-
ally each individual makes for himself a picture inside his
head of the world outside.
The pictures are inside the head of this human being,
the pictures of himself, of others, or their needs, purposes,
and relationships, are the basis of our public opinion.
It is these pictures that are acted upon by groups and
they become all there is in public opinion. Thus public
opinion is to be found as the opinion of the average man,
and he gains his mental pictures and thoughts largely from
what he reads.
The action of a public—and it can only be expressed in
public opinion—has long been a fascinating study. It is
usually confined to an aroused feeling about some current
happening. The medium to arouse it, is, most often, the
public press. Then it becomes an alignment of force which
a dominant sector of the public alone can wield. We know
that the members of a public do not poison an insider's
knowledge of events or even share his point of view. They
do not construe intent, nor do they appraise the exact cir-
cumstances that others may have ultimately in mind by
first-hand knowledge from the actors in an event or the
details of an argument.
The members of the public seldom anticipate a problem
much before its crisis has become obvious, nor do they
linger in thought, or attention, long after the event, or its
crisis, is past.
The public does not know about antecedent events and
it does not see the issue as it developed.
The public will not have thought out, or willed, a course
of events, and will not know on what such a program is
acting. Nor will they be able to predict the consequences
of acting on that program. Thus, knowledge aroused by
curiosity, is usually intermittent. The public are inexpert
in their opinions and in their conclusions.
This applies to normal men and women as members of
the public. The public "
may be aroused, but it is quickly
diverted. It aligns its opinions by personalizing events. This
is accomplished when events have been dramatically in con-
flict. How true it is that the public thinks of but one thing
at a time and then most intensely. The public stays interest-
ed just long enough to know who the victim might be.
That judgment, necessarily, will be made apart from the
intrinsic merits, on the basis of a sample of behaviour, an
aspect of a situation; and this by the very rough external
evidences of what they read. Public opinion is never a con-
serving or creating force directing society to a correct or
well-conceived end. Unless the reading information be
truthful, it can never be a safe basis for ascertaining the
truth.
The experience of relying on hastily prepared publica-
tions warns again and again that it is fatal. Men do not
agree as to their tales, and it is the same lack oi agreement
which creates the problems that excite publications. It is
idle then to argue that a story told, without questioning
from the opposite viewpoint, has the all-embracing purpose
of truthful statement.
It is a gross misconception to believe that the public can
"put out of its mind" the misinformation that is exuded by
Trial by Newspaper.
The work of the world goes on without conscious direc-
tion from public opinion. Problems of public morals arise;
judgment of public servants; even a crisis of some prob-
lem where public opinion is concerned.
But the greatest of these, is to be called in judgment by
one's fellow man. That becomes more than merely allaying
a crisis. We prefer to believe that the .aim of popular ac-
tion should be to do justice and promote the true and the
good. We hope to believe it will maintain itself in the face
of plain experience. In every charge of crime, the public
does not know what, specifically, is the truth or justice
of the case and they should not.
Men and women should not be called upon to agree
until they have heard the sworn statements and the crosi
examinations of these sworn statements, arguments of coun-
sel, and the charge of the judge.
The public should not arouse themselves abnormally a1
the existence of the evil involved. To be sure, the public
have a right to be aroused at evil made manifest at tht
interruption of a habitual process of life. A public problerr
should cease to occupy attention when justice is on it!
way in the punishment of a crime.
In any other public crisis, the problem ceases to retail
attention when a workable adjustment overcomes the diffi
culty. If it were otherwise, public opinion would be dealini
with many situations most of the time and that would h
unthinkable and undesirable. Justice and truth should no
depend on the spasmodic and crude intervention of publi
opinion, because, if they did, there would be little hope.
It la good for the public weal to strip public opinion of
any implied duty to deal with problems of exact justice,
or even to impose a moral precept. The great good that
public-opinion may do, in a major public problem, is to
support those individuals who must solve a crisis.
That should be the end of public opinion.
In public affairs, we think of public opinion as disclosing
signs, revealing simple and objective tests in a controversy,
or unfolding a workable social rule, or attacking an out-
moded rule, or giving promise of some new rule of conduct.
By following such rule, the public might be led.
But such alignment of public opinion, flows from ex-
perience or from well informed rules of conduct. When this
experience or rules, are followed, they respond to the
thoughts of the majority; although opinion is not a guar-
antee of truth, yet, "there's safety in numbers," says Rory
O'Moore.
Public opinion merely places its force at the disposal
of the side which seems to stand for human adjustments,
according to a clear rule of behavior.
Public opinion is a reserve brought into action during a
crisis. But it should not play any part whatsoever in the
determination of cases, civil or criminal. When it has, the
experience has been disastrous for justice.
Public opinion is an irrational force. But with favorable
institutions and good leadershp and sound training, its
power might weigh heavily in the disposal of those who
worked against it. But public opinion does not necessarily
make the law, having in mind the activities of pressure
groups, and organized minorities and lobbyists.
Public opinion should not enforce the law. The adminis-
tration of justice is organized for that purpose. But it can
cancel lawless power, and it may
" establish the condition
under which law may be made.
It may liberate intelligence. We may think of "it also as
the highest ideal to defend those who act with good motives
against interrupting and corrupting forces. It might be a
continual crusade on behalf of reason. Public opinion never
interfers with power, however absolute and unaccountable,
when it reigns without provoking a crisis. It only where
wrongful conduct or arbitrary power appear, is challenged,
that the public comes to the assistance of the challenged.
But where public opinion is being formulated about the
guilt or innocence of one charged with crime, it can do
nothing with the substance of the problem except meddle
ignorantly or tyrannically with it. The public should not
meddle with Justice. Men in their relation to affairs have
to read and consider the substance of what they read, but
in that indirect relationship when they can act only with
surmise, conjecture, and guess, they are in no position to
fix the blame or form an opinion of blame. They have
really done all they can to have foreclosed their opinions
if they have been reading, by innuendo, and in summa-
tion, if not by direct accusations, that he who is charged
with a crime is guilty.
When such opinion attempts to govern directly or in-
directly, it is either a failure or a tyranny. It is not able
to master the problem intellectually or to deal with it
except by wholesale impact.
The theory of government has recognized this truth for
it has identified the functioning of the jury system of gov-
ernment: it must be a fair and impartial trial in open
court with sworn testimony for and against the charge of
guilt, and cross examination. It must not be a mere fiction.
All theories of democracies recognize this truth. The ideal
of publication should respect this in all its fairness.
The public mind should be left in an equilibrium in
which settlements can be reached truly. The burden of
carrying on the work of the world, of executing or attempt-
ing justice by formulating laws and moral codes, may rest
largely with public opinion. That differs widely from the
administration of public justice. No decision by public offi-
cials or commuters who merely read headlines in the train,
can in the long run be as good as the studied effort at pro-
tecting the truth in a criminal controversy.
(TO BE CONTINUED)
Trial By Newspaper
(Continued from Page 1)
nominations, MrB. Stephen Smith,
Cotult; Christian World Relations,
Mrs. Peter Pnlohes, Centervllle;
Christian Social Relations , Mrs.
Burleigh Waterman, West HyannlB
Port.
A resolution on Race Relations
and a recommendation regarding
health services for Migrant Workers
and their families were presented
for Mrs. Burleigh Waetrman, Chris-
tian Social Relations Chairman who
was unable to attend.
Concluding the morning . session
was an impressive ceremony in
recognition of the organization s
10th anniversary, with four past
presidents and the newly-elected
president conducting a candle
lighting service.
| The Rev. Mrs. Ralph Palmer
minister ot the Bellingham Baptist
Church, spoke on "Life Can Be
women ot today lead, she cautioned
More". Mentioning the busy live;
that the greatest decision In life it
what to put first, onr own busy
ness or the Lord's business* Witl
dry wit and kindly stories sh<
pointed out that though housewlve:
most spend much time in their owi
homes they may see the whol<
world through such organizations a
United Church Women,
Registrations, in charge of Mrc
Ronald Hosle and Mrs. Vinto
Hodgkins totalled 141. Ushers a
the afternoon service were Mmet
John Harley, Frank Fenner, Warre
Pierce, Robert Campbell
, and Mn
Wesala. Coffee and cakes wer
served by the women of Hyannl
Baptist Church.
United Church Women
MISS MARY 8PRAGUE
Tel. FOreet 2-6484
UNITARIAN CHURCH
Rev. Kenneth R. Warren, paBtor.
Sunday, Jan. 22
9:30 a.m., Church School.
11, Worship Service and sermon:
"One World, One Faith"; 8 p.m., at
the parsonage, Study Group.
Thursday, Jan. 26 at 6:30 p.m.,
Junior choir rehearsal.
Friday, Jan. 27 at 8 p.m., Senior
choir rehearsal.
Mr. and Mrs. Kenneth H. Barnard
will be greeters at the 11 o'clock
service Sunday, Jan. 22. Ushers will
be Frederick B. Matthews and Fred
N. Creed, Jr.
The Unity Club will meet Sunday
at 2 p.m. at Hathaway's Pond for
Ice skating. Club members are in-
vited to bring their families. In
charge of refreshments for the
meeting are Mrs. Kenneth B. Doyle
and MrB. Bettlna Dinsmoro.
The Laymen's League of Cape
Cod, an organization of UniverBalist
and Unitarian Church men ol toe
entire Cape, will meet Thursday.
Jan. 26, at 6:30 p.m. in the parish
hall of the Unitarian church. A sup-
per will be served by a committee
under the chairmanship ot Lee C.
Davis. Judge Kenrlok A. Sparrow
will speak on "Unborn Widows and
Their Relatives."
Reservations should be made
with Mr. Davis at FOrest 2-3197, or
through Rev- Kenneth R. Warren at
FOreBt 2-3176.
PER80NAL8
MrB- Alexander Crane of Andover
came to be the speaker at the Li-
brary Friday evening and spent the
night with Mrs. B. D, Edwards, Sr.
Bethiah Crane came with her
mother and spent the night wl'.h
Mr. and Mrs. C. Trowbridge.
Mr. and Mrs. W- M. Ashley left
Tuesday to attend the Inauguration
ltt Washington, D. C.
Mr. and Mrs. Richard T. Ramsdeh
and daughter, Kathy of Allston
spent the weekend with their
grandparentB, Mr. and Mrs. K. H.
Barnard.
Mr. and Mrs. L. P. Kent of
Washington D. C-, have been at
their home on Salten Point Road
for several days.
Arthur Clarke and some of his
frlendB spent part of the weekend
at his home in Groenlleld , N. H.
Miss Helen Greenwood of Mill-
way is spending the rest of the
Winter in St. Petersburg, Fla.
Mr. and Mrs. James Tedesco and
sonof Commerce Road are speruUn,
several weeks in Florida. ^^
Mrs. J. b.T^Paln^r »B spends
a few weeks with her son «*
«
daughter-in-law, Mr. and Mrs. WII
liam Painter, In Pittsburgh, i%
Postmaster Dana Holmes i8 hay
ing a 10 day vacation from hi!
duties. '
Staff Sgt. Walter H.' Sanders, j t
returned to Andrews Air For«
Base, Washington, D. C., after
spending a few days' leave with rel-
atives, Mr. and Mr*. Ansel UydWi
"
Sergeant Sanders is secretary to
General B. Shriver, head ol air re-
search and development command
ATTEND8 TEXTILE ASS'N.
MEETING8
K. H. Barnard spent Tuesday !
night and Wednesday at the Shera-
ton Atlantic in New York City. Over
the past six months he has beat
preparing a literature survey on th6
weathering of textiles. This will t»
presented to the appropriate com.
mittee of the American Textllt
Chemists and Colorista Association
who are holding their regular quar-
terly meeting ot various research
committees.
Mrs. Barnard visited with her
daughter, Mrs. A. F. McLean ol
Warwick, R. I., while her husband
was in New York.
Snobs talk as if they had forgot-
ten their own ancestors. I
—Herbert Agar
BAPHSTABLE