Note 70 — IV

For example, Judge Chas. L. Benedict, sitting in U. S. vs. Bennett, op. cit. This is a leading case, and the Comstocks make much of it. Nevertheless, a contemporary newspaper denounces Judge Benedict for his "intense bigotry" and alleges that "the only evidence which he permitted to be given was on the side of the prosecution." (Port Jervis, N. Y., Evening Gazette, March 22, 1879.) Moreover, a juror in the case, Alfred A. Valentine, thought it necessary to inform the newspapers that he voted guilty only in obedience to judicial instructions.