Smyrna times., 1857-05-20
Challenging Jurors.

Challenging Jurors
We are graiified to observe that the old fogy
absurd practice of challenging and setting aside
jurors in the trial of important cases, simply
because they may have formed an intelligent
opinion of their own, has been Of late engaging
the attention of the press in different parts of
the country; and it is still more gratifying to
every lover of popular intelligence to observe
with what unanimity many of the most inhuen.
tial and independent journals condemn this alb
surd fossil of an antiquGted prejudice in our
criminal courts.
With the Lancaster Express, we fully agree,
that this practice is not only ali ahsurdity but it
involves great wrong upon the public mind.
1t places the practice of our criminal courts in
direct antagonlsm to the genius af our Common
Schools as well as the teachings of common
sense. 1t offers a premium for blockheads and
fixes a discount upon we'll informed minds. Its
tendency is, to bring the jury-box under the
shadow of the dark ages when men were obliged
to acquire knowledge by reading in the caverns
and dark places of the earth. In word, it is
an age of civilization and christianity, and a
land which BOASTS of its common schools and
common sense. The practice which we con-
denim could be illustrated by numerous cases in
our own courts. well as those of any other
State in the Union; while some of the larger
cities furnish the most striking examples. A
great crime is committed. A family is butch
cred in cold blood, or a community robbed under
the abuse of special privileges. Perhaps the
offenders move in the higher circles of society.
and have ample means to employ the best legal
talent in their defence. The details of the oui. |
rage ere published and commented upon by the
public press, and these publications are read by
men who may be called subsequently, to try the |
case as jurors. With the ligat before them
they form an opinion of the guilt or innocence |
of the accused. If they are intelligent men
they cannot refrain from doing so, for reason
was given to man to be used, and none but
blockheads never exercise it. Yet, when man
Is called to serve as a juror in such case, he is
asked IT he has " formed or expressed an opin-
ION" and If he answers in the atfrmatve-or.
10 other words, if he does not avOw himself a
blockhead-he is rejected as incompetent to try
The cause. Thus, premium is not only laid
upon a mans lgnUrance, but this rejection is a
direct and unwarrantabe imputation upon his 1
moral honesty. When juror takes the pre-.
scrIbed oath, he swears to render verdict ac.
eording 10 the evidence laid before the iury.-E =
Ii he Is an honest man, he will be governed by G
'nat testimony, and that alone, no matter how I
directlyIt may be opposed to all his pre-con. f
ceIved opinions To reject him because he is {
= reader of the newspa pers-as everybody ought S
to be-aDd allows his reason to druw concIu- +
slons from what he reads, is to pre-suppose that
one man would perjure himself because he ha n-
'ened to be more intelligent than another = o.
Indeed, 1t requires no labored argument to show :.
he absurdty of the practice. and the day is not n
ar distant when the lawyer who insists upon
he application OF the test will be set down as r,
bigger blockhead than the class he wants upou
he jury. 0'
M, nj
This principle, if principle that may be call. :,
d VIII ch lsa subVersiOn of all principle, is often
Pplied in another direction. There are law
he manner of his trial in our criminal courts g
hOud be hallowed ground upon which the pub %
C journal should not presume to enter. With .,
Il such va beg leave to differ. Our courts ofl ~
Nv, unfortunately, not always courts of ius- g
zee, and, like al other public institutions. are 6,
ssponsible to the people from whom they dc. :.
I've their power. More than one big scoundrel -
as escaped from justice through a lawyers ~
u'bbles and judges weakness; the former r,
'ay be excused-he is paid to qubble when he ~
ant reason-but with Judge the case is en-. sb
rely different. weak man may be kept :,
raight sometimes by the pressure of public r,
pinion, and in such case, when great public a.
lterests are involved, it is the dgy of the pub a.
press to speak out, and if possible, avert the
upending calamity. The courts, as we'll as =.
's law of this country, present wide field tor s.,
form, and such reform can be initiated only 81,
the sgilation of The public press, and not by %
ose whose interest and habit lead them to ,no
darken counsel" rather than to aid in dissi III
Ising darknessl ,ai
a. txy ~ 80