American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-11-26
@gTertcau Repllbltrau,
AND BALTIMORE CLIPPER.
WEDNESDAY MORNING, Nov. &c, l845.

y
.. thousand persons summoned, out Of which 4
,ury could not be selected. The same difficult
" has been experienced, tho not 10 the same
extent, N this and other places-and It strikes
sis, .ba. this is attributable to I proceeding
winch ought to be amended. The juror is ask
cd whether he has formed or expressed any
opinion as to the guilt of the party to be trIed'
If he answer affirmatiyely he is set aside as m
competent to try the case Now we 60 not
consider that man who has casually given an
opinion on an unoficia! statement OF trans
action, has thereby disqualified himself to judge
OF IT "without favor, affection or Partially"
on the one hand, or prejudice on the other
He reads the statement in newspaper and on
tho presumption that it is true or false, he forms
AN opinion Of the merits of the case--but then
he is no. so biased as not 10 listen to testimony
MS duty as Juror. In these otf-hand opinions,
there is always an if uaderstood-f the state
mest which he has read contain "the truth,
lhe whole truth, aud nothing but the truth, -"
apon presumption-and can come to the COLI
sderation of case which he has thus pro-
nenuced upon, fully prepared to do justice to
all parties. Cases occur where, under mistak-
en- impressions, popular prejudice has been vio-
lesty excited against innocent indlV iduals, but
when the facts have been made known the
prejudice has Immediately ceased. An instance
0ccurred in this city not many weeks since
Great Indignation was expressed against the
perpetrator of a supposed outrage-and the
expression was general, that he deserved to be
punished-tlat is, if guilty. Here opinions
we're made up and expressed upon condition
of things supposed to exist and yet it was
proved that no outrage was committed or at
tempted, and that the individual charged was
entirely innocent. 1t might have been DIFF
Scult matter to procure jurors who had Meth
er formed nor expressed an opinion on the mat
rer-and yet upon the true statement of the
case, no one could have rendered any other
than a verdict of acquittal. 1t is certainly de-
srable that Jurors shall be impartial; and it is
right and proper, especially in cases where
2here may be danger from excitement, that they
shall be subjected to strict scrutiny, so that
.hey shall have no feeling which will prevent
Gheir doing strict justice. All we contend for
50, that the man who has expressed an opinion
Coz or against party charged with an offence
upon the mere reports of the day, is not, there.
sore, necessarily disqualified to act as Juror
IN the case
CuANCERY CorRT. The Annapolis Star nf
yesterday, contains more than two columns in
defence of the Chancery Court and in opposi-
lion to its discontinuance; and if its utility be
as great as is stated b. the writer, it certainly
should not be abolished. If public convent
ence require the continuance Of the Chancery
Court, let it stand-but if the business now
transacted in it can be done as we'll, as speedi-
by and as cheaply in the County Courts, we see
no ;ust cause why the salary of the Chancel-
Tor should not be saved to the State. Law
gers differ upon this subiect-some being for
and some against the abolition of the Chance
nv Cortland the decision of the question
enust be left manly to members of the bar,
who are acquainted with the advantages and
disadvantages of the present system.
The Star states, that sit appears from the
yepor, Of the Register in Chancery made two
years ago on call Of the House Of Delegates,
that there we're then pending 'hrelre hundred
ard sirty- eight suits, besides great number Of
s,etitons chich haze been filed in cases heretofore
"a NJ, bou lao, ia, 4 . ,,, ,;,
business comes from every quarter of the State,
and some will perhaps be surprised to learn
chat in spite of the systematic efforts and the
exertons of the judges themselves to keep the
equity business of that city in the local court,
no uncomfortable portion of it comes from Bal
gilmore Indeed some of the business after hav
inu been commenced there and in other county
courts has been removed to the court of chan
Gerry under the laws which authorized that
course TO be pursued in three of the districts of
six including the city of Baltimore. 1t appears
therefore, that in addition to the various con-
isivances already mentioned to cause equity
law to be satisfactorily administered in the
county courts, provision has actually been
made 10 take it to the chancery court whenev-
ser the sutton finds it his interest to do SO. This
privilege has not been neglected, and some Of
1he most troublesome and perplexing cases
which the court has had to deal with, are those
which have been removed. These cases never
fail 10 foreshadow the inevitable confusion into
which chancery practice and proceedings would
fall if the salutary influence of the central
court which now in some sort and to some ex-
tent directs or gives a tone to it in the local
courts, should be taken away"
We do not consider the number of cases
pending in the Chancery Court, as affording
very strong testimony of the utility of the
Court, for they may have accumulated from
dilatory proceeding, for aught we know. We
have heard of such a thing as a thirty years
1900. ..,,l. hut ,r.o h. ia ...---- L. ILL.,.