Weekly national intelligencer., 1851-10-18
COMMON SENSE VS.. JUDICIAL USAGE.
FROM THE NEW FORK mIRRoR.

COMMON SENSE VS.. JUDICIAL USAGE.
5A MIRROR.
Mr.. EDIroR read with much pleasure some DAYS snce
your remarks the lecture lately administered by the Judge
TO juror for having dared TO form opinion regarding
tain facts he had seen stated in a newspaper.
In vain the juror protested that he JUDGED that
he was ready to give true verdict according evidence
but by forming opinion from newspaper he had put
himself in most disgracefu position before the commu
nty and the Judge would not trust him, oath, to
give righteous verdict. ~
ask, Mr. Editor, little space in your columns to vnd
cate the common law from the on this subject
taught in our courts The doctrine that opinion derived
from the statements IN newspaper disqua6es from
dschagng the obligations Of his oath Juror is not TO be
found in any English law book in the reports any
American court prior to the Of Coleman Hagerm 10,
cited Cowen, 564. In that the New York Supreme
Court granted trial because Graham had been permit.
ted to the jury after swearing that he had know
ledge OF the facts n question: and bias prejudice for
against either party but from what he had read the
papers he had expressed the opinion that the defendant ought
be exempy punished This decision prepared the way
for the disgraceu which have been witnessed n
courts The audacous atrocous and notorious
crime the difficult it be, according the pn-
cpe Of this decson to bring the offender punishment
Should the President be assassnaied the steps of the
Capitol in the presence of assembled thousands while de-
verng his inaugural address, not of the spectators could
serve juror for Of he had formed opinion from
what his eyes had Every newspaper in the land
would be crowded with the details Of the sad affair." Of the
rest of the Culp and Of the testimony given his
INITIAL Not man qualified to act intelligent juror
could after the lapse Of few weeks be found from one
emity Of the Union to the other who had formed an
opnon that the President Dead and that he had been
killed by the accused Of the Hence the murderer
must escape punishment because "unpreudced" jury
could be found TO try him
Let the Judge himself testify the practical working OF his
beloved doctrine few years ago named Polly
Bodne was put on trial in this city for murder The cir
cumstances peculiarly atrocous and notorious and the
details had Of been published in the newspapers.
now quote from the journals of the day
stTRIAL POLLY BoDISE ABAsDoSED.-At the even
ing session there immense attendance Of Jurors being
the remainder Of those from the Seventh Wa and the whole
Panne from the Eighth Ward. MI. Graham, of the
counsel for the prisoner and stated that himself and
oleague and also his Client had become convinced of
difficulty attending the attempt to bring the trial in this
county, and they had concluded to for of the
proceedings, and that the thus far empanneed be
dismissed. Judge Edmonds entered into history OF the at
tempt to empannel jury The Court had been
laborousy engaged in the effort between FIVE
have been summoned and called tales
men, and upwards of Of those personally
examined by the Court to their fitness for jurors in
aon their excuses He granted the notion and ordered
the jurors thus far empannelled to be discharged.
Such extreme folly such abuse of justice such mockery
Of judicial forms, indigenous to SOIL and
imported exotcs.
The Queen of England was lately assaulted in public The
offender tried, convicted and transported The papers
eemed with the details Of the affair Not man in the
courtroom but well acquainted with the particulars
assault and had formed his opinion that had been committed
by the prisoner Yet juror asked about his opinion
and no difficulty experienced in empanneling jury.
Let us what the law this subject before il
changed by the decision in Coleman Hagerman BY
the common law juror may at the time be witness,
and the form Of his oath The evidence you shall give
this Court and your fellows &c. OF course being cogn
Of the ISSUE he has formed an opinion but not
to
to ask juror if he has formed opinion, because ar
native would not necessarily disqualify him.
Said Chief Justice Abbott, in 1921 in delivering the opn
ion of the Kings Bench The last ground for the motion
OF new trial the refusal of what has been called cha
enge to the poll, 10 the ofspecal urymen This cha-
enge made the ground Of opinions supposed have
been expressed by these gentlemen hostile to the defendant
in this There offer prove such expression
BY any intrinsic evidence but proposed to obtain such
proof by questions put TO the uymen themselves The Lord
Chief Bon refused to allow such questions to be answered.
and in opinion be right in his refusal The language
OF Mr.. Sergeant Hawkins upon this subject Glib o ch 43,
Sec 4s is that if the juror hath declared his opinion be-
foehand that the party guilty will be hanged, thelke
yet if shall appear that the juror hath made such decara
ton from bis knowledge of the cause, and Of ill will the
party it is Of challenge" So that in the opinion
OF this learned writer, the declaration of uryman will not
be good cause of challenge unless is made 10
under circumstances denong an ill intention towards the
party challenging knowledge of certain facts and
opinion that these facts constitute crime, certainly
ground OF challenges for clearly settled that uryman
cannot be challenged by Of having pronounced
dict against another person. charged by the indictment
CA Barnwel and Anderson, ALL
good cause of challenge if juror has expressed
opinion under such circumstances indicate malice against
the defendants but such circumstances must be proved before
triers, and the malice, not the opinion dieqnaes Our
Judges doctrine is libel human nature it disquses
the most intelligent and vrtuous the community, and
denounces him unworthy to be trusted OATH simply be-
be happens TO believe what he stated
paper, and that too when is utterly impossible withhold
his credence.
stated that Mr. A. shot Mr.. B. this morning in Broadway.
funeral and of the examination of Mr. A. and the testimony
oath Of citizens who him shoot Mr. b. and Of
gunsmh, who Identifies the pistol the one he that
ing sold to Mr.. A. In few weeks may he summoned as
juror this very case and the Judge inquiries of me if
bave formed opinion. reply that from what have read
in the newspapers had formed the opinion that Mr. A. had
shot Mr. b. The ndgnan. Judge replies 'sHave you not
frequently read in the papers het censued gentlemen for
forming an opinion in any case J"
Before this inflicted, it would he bat lust in the
learned Judge to inform the public how they may avoid IT,
by giving them receipt for rendering them mpeneabe to
impressions from newspapers For instance will he be kind
enough TO tell in what way may read the reports Of
the late between the America and the feet OF British
yachts, without forming any opinion which party was
victorious Abb
! LAND RECLAIMED BIT GuAso.-We have mapy notable
instances before of the efficacy Of guano when properly
applied. Among others is that Of Mr.. Yaeman of Eau
quier This gentleman took twelve acres of commons on
portion Of which had sprung up growth Of pine After