Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-11-19
VOLUME 4l--YO. 60.
For the Enquirer.
HINTS on THE CRIMINAL Laws OF.
VIRGINIA.

NN'N'''' L
to give some other causes for tie frequent ESCAPE
oil criminals from their deserts
ii. Tie manner If sEmn'oning jn7ies often
shields guilt from punishment. When a iury
technically called rcnire0 is required TO Try Il
supposed elon, the sheriff goes 10 the very neigh
hoihood oi The crime, and summons Is Jurors tie
very men who are NEST suie to know all about
The affair, whose opinions are already made up.
and probably expressed, about the prisoners gull,
or innocence and who are, therefore. 10 Il man
usually sci aside when the TRIAL is coming on.--
he sheriff istEen ordered 10 summon by stanGels
al this juncinrc, and anticipating that orLcr
frlencs OF Tie accused hot seldom station them
selves conspicuouslr before the shcrifi's ewes 50
rs TO be summoned by him. At any rate, the
chances ale very great, that one or more pei sons
VIII be presented as Jurors, and OF course accept
Ell by The prisoner, whose minds Qhey will saw
are Unbiased, or whose hearts or heads are so
soil, as To make il easy for an ingenious or elo-
fuen, advocate 10 inu>e into them that Doupr.
which Is always insisted upon as emitting the ac-
cu>od 10 acqnal Sometimes the whole iury is
composed OF these ductc materials; still otlencr
majority OF II, large enough 10 overbear and
control ah iTesoluie, perhaps ignorant minority.
Ana even when verdict for the prisoner cannot
so be aimed, the presence of one or more, deter
mined against conviction. in countless instances,
hangs the Jmy-prereniS a verdict Of "guiliy'-
occasions continuance till TIE Eext ierm-and
thus oTens the door IN that food Of "happy acct
dents, which delay always lets in for The clmi-
nails dcliyerance.
10 get as many Jurors as possible thus favor
ably diSpotcd either through some Previous bias.
or through natural soilncss, the utmost art oil
his counsel is exeIted. One lawyer is commonly
employed for his knowledge of the country REQ
pie, 10 guide the client in his chal!enges-oiien
y l-,Nnn e,.. a. 1
sci, to aid in that task. If Juror is called. who
says, on his preliminary oath, that he has formed
or expressed no opinion about The case, these ad-
vise!s instantly consult whether he shall lie ac-
copied, or challenged Peremp,orily If he is
known to be shrewd, honesl and firm, he is cha
lensed-icjecteG but il likely 10 sympalhi2e
with the criminal, il milky in his nature. or if
easily 10 be wrought on l'y sophislry or declama-
lion lie is accepted, and sworn as one Of The
trleis. Vow, all experience proves that persons
OF the latter description are most likely 10 b.
found among the by-standers Il, a trial The
rcHsr, summoned by The sheriff beforehand. at his
leisure. are usually chosen from among the most
discreet and respectable of The neighborhood Ii
is, therefore, The great aim of the defending coun-
sci, to SCI aside all the reai, if possible, for hay
ing performed opinions, without rcsoring 10 lie
right Of percmptoy challenge, until by-standers
arc called upon, and then 10 exert il dScrimina-
linsly, as above stated. Obviously, then. PUBLIC
JUSTICE should aim 10 retain the reayt, if prac;i
cable, which can only be done by having il COM
posed OF unbiased men-which, again, can only
be, by having it summoned r.mctcIy trOns the scenc
n he anne.
What hinicrs dis The present Law, and the
present form OF the writ of rcau,c idc,0S, under
that law.
Our Bill! Of Rights entities IN accused maa 10
trial "by an impartial jury Of his vicinage"-
How can ii he impdrtiai, iii is taken from amidst
The excited spectators, or next door ncghhoIs III
his alleged crime Ficia0cc therefore, in the
Bill Of Rights, could not mean what is usually
meant BY the word ncichJoiood. In fact. j, is
held b. all lurists 10 interchangeable f0nuta or
other lccal jurisdiction, III which the deed occur
red The Legislature, however, LOST sight OF this
true, ana only rational meaning in enactinc Il! E
law by Which the Jury was 10 he Summoned
q X. {. OF 1919, p. GGl THAT law directs the
ccik 10 ":ssne reairc tqct0s commanding the
sheriff 10 cause twelve good and lawful men,
ireehoIders OF his county, OF The NrIGHBoRpooD
~ The 31ncc rkort he taei waS committed, tu conc
before The judge, a. jurors. This, Of itself. was
sufficiently calculated 10 mi. lead tie sheriff into
the infected region bot As if 10 ensure lis thus
crTing, tie vIit which lie clerk issues. (irom Ro.
hnson'S F1ms, "a edition, p 4s.) actually orders
him 10 summon the twelve ''rcsiding as mar as
MAY bf 10 nc psGcc where The murder YVES COM
m;Ied." How often have bitterly laughed. To see
troopnS TO court, Under this idle summons, the
dozen men, perhaps hest Of all acquainted with
the facts IN question, The most assured of the rri-
soner's guilt OF innocence, and the most incvi-
tdhlv therefore, 10 DC set aside as inconrcten lu-
lors
The Court OF Appeals lis true, are required
by law, 10 direct tie form Of wrs. as they shall
deem advisable: and could therefore correct the
extreme of error into which the usually accurate
Mr.. Robinson has led his brother clerks: but the
Legislature alone can change Tie law, which re-.
CURES lie Juror: 10 be taken from "lhc NEIGH
EoRnooD OF the place The AppealJ Judges could
moi, by any direction of theirs, fatty contravene
that law II is YOU, gentlemen OF The Assembly,
II IS you alone who can cure the evil by enact
lng that Jny"fs 10 hy n e,tmtn0i SHUTTLE spmn,0Rcd
ff0m pd'ts ~ TIC e0hhfy rs yewote as man Ee trom
Me p,acc rlerc tie i0ci Sa0iiaa Lccn eon,u,ti.g
III. Tie ctcc!src Hnmbcr II p,rcmpo1v thol.
h"s@, "R"rcd 10 ptrmns harcM rth fi0Hu Ia
vor> the escape of guilt, even iaore than the l. 81
mentioned cause docs. The prisoner may. Oh hi,
own melc pleasure withou! giving any reason.
sci aside TWENTY OF the men called upon as M.
rcrs, hy simply saying that he does not choose TO
he tried by them. The only ground alleged for
thus extraordinary privilege, is, that he nun
have secret enemies, who might get upon The
jury, il this arbitrary right were hot given
him. Consider, that all possible modes OF detect
ing any BIAS on their minds are open TO him.
he may search their conscienccs ever So tho
roughly, on their own oalhs: he may adducc any
evidence that he can of their hostility or prepo>-
session. Is Il likely that twenty-that tcn-lha,
THREE men will ever lie found on one such occa-
sion, =, once so dep;avcd and 50 bard to unma>k.
as 10 be proc! acainst those means of Gelecton7
Il reaches the EXTREMIST verge OF probability that
pSr such man should lr fopp1 auS y, tr,,p,,i
10 meet likclihoods-io meet the common run Of
events ard not any unnatural possibility, which
sckiy imagination may conceive Let them
aim al Ibis, and evil is sure 10 result The law
q. twenty challenges imprcssivelv eyempiies my
position. CHE pcremp;ory challenge--or THREE,
beyond all question-woulM most abundaniy pro-
tel an accused person from the apprehcndcd dan
ger. The number he now ENJOYS, enables him
almost literally 10 selcc, his own jury. lie SCI
dom cares 10 exercise his full right, OF twenty;
being in most cases, pretty we'll satisfied with the
men he has gotten, hong before his privilege is
exhausted, By settin. aside all or mos, of the
re1irc for having formed opinions, and then by Il
skiliul use often or twelve OF his pefcm,ory chal
ienges: | have seen what would otherwise have
been a most intelligent and uncompromisng Jury,
transformed into one whose varied Mttnesas ably
played upon, acquitted one Of the most palpably
guilty criminals that ever saw arraigned. Sim
observation. They must be perpetually occur
ring, under our present system. To give crimi-
nal the selection Of his trierS, is but another form
of words for letting h,m CO. and our plan is only
hairs breadth short OF that.
Nv. The 0refriciming superiority, generally, Of
defcnding counsel, 10 tic prosecuting attmnew j;
and
V. The irTotional, mimppIid lenity NJ jur,es,
are occasional, il not frequent causes. why guilt
~ III.
late, because YOU cannot SO readily grasp and
remove them as you can The other causes.
As you value your connry's blessing, do not
let her bear, for another season, The mighty evils
so pregnant with greater ones, at which have
little more than hihted.
A CosMoNwEALTH's ATTORNEY.
Louisa, Nov. a.
al least 1000 Changes 10 tie WhigSm Lite Tan
asset Hhtg Orai0rs Of Riehmcnd
"ArlSopo.:, Nov II.
"Genllemcn: Below give you the vote OF this