New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-20

blfd Thousands not one of the e-witnesses couii
serve on a Jury for the trial of the murderer, be-
cause be had of coui so formed an opinion from
what bis own eyes had beheld But immediately
the city papers are filled eth details OF the tans-
&C ion. Soon after the testimony OF numerous
wellknos ard responsible citizens, taken oetore
the coroner's inquest, also crowds the columns
Every n an. wom,n and child in the city capable
of residing becomes acquainted With oil the clrcum-
stances of the murder. at length the day ap-
pointed for the trial Of the murderer has srlV7d,
but where csn jury be found Every man legal
" competent to serve az Juror has formed al
opinion, unless from mental il becility he is unable
to do so. Is the superstition extravsgantl The
Gaze Of Polly BodiDe proves that 1t is not This
voman was accused Of arson and murder, aud the
proofs against her, as detailed in the newspaper,
were so conclusive that her guilt was universally
believed After a long delay her trial was ap-
pointed, bu! the question - Haze you formed an
opipon ~ saved her from the galoxs To the
great scandal Of American jur'Prud nee this ques-
tan was put to foe thousand persons called as ju
rors. and answered in the affirmative AT last all
attempt TO in panel jury was formally abandoned
by the court as utterly peless The venue was
changed, AID finally jury was obtained 10 els
t.nt county; ard owing probably to the long time
that had elapsed since the commission of the crime,
and the death or absence of witnesses verdict of
not guilty was rendered.
There are still other evils resulting from this
unfortunate test Of Jurors competency. In cases
of notorious crimes, and where little doubt exists
Of the guilt of the accused, the test soon exhausts
the psnel-that IT, all the jurors summoned are set
aside as incompetent for having formed an opinion.
The Sheriff is then directed to summon tales men
that is persons not before summoned. These are
usually taken from the spectators in the Court
room. ar to these the same test ia applied; but,
should the criminal have partisans and money it
will be easy to provide that sufficient number OF
convenient friends to compose aJury,or portion
Of if. shall be present. These, of course, when
called, hare formed no opinion, but are good AMI
true men, and competent jurors; and they either
find verdict Of not guilty agree to differ, which
answers as well and looks better. 1t is also
true that Jury service, however indispensable, is
an operous tax on ones time and comfort, aad it is
rendered only to avoid heavy pecuniary penalty.
The new test enables man, when summoned, to
avoid both the service and the fine. Let him say
he has formed an opinion, and he is discharged
Such test is unknown in England or France
Assaults have been made in public on the Queen
of England, and on the late King and present En-.
peror of France but on the trial Of the offenders
no man has been rejected as a juror because he
had read an account of the assault in the news.
papers, and supposed that what he read was true.
Well does Mr.. Hall, our present District Attorney,
ssy in bis late report to the Legislative Police
Committee "Ihe subject Of challenges to petit
"iurors needs statutory regulations. Before long
"we must either abolish newspapers, or find in
"tellieent men virtually prevented from entering
1.-The Jury box" His experience confirms what
has been said of the facility afforded by the present
test for packing the jury. Il repeatedly eucosn-
ter" he says the partisan, or the intimate
.'frend of tie accused upon the jury, whose exam
" ipation results in his being unbiased" 1t is to
be hoped that an act of the Legislature forbidding
an inquiry of the Juror himself as to his opin-
ions, but allow ing proof before the triors of any
facts or declarations showing his i'll will toward
the accused, may soon relieve the administration
of criminal justice in this State of the folly and
difficulties which now disgrace 1t.