The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-02

ana patrlOuc view OF our uuly 10 our ntlSnpoiSi
to the especial attention of Mr.. CUSHING.
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The difficulty of obtaining competent jurors TO
serve in capital cases. has lately been abundanty
illustrated in the Criminal Court. The occurrence
of no less than three murder trials before that tr-
bunal, within the space of few weeks past, and
the popular interest awakened thereby in the pro-
ceedings of the Court, have served to bring promi
nently before the public the evil to which we al
ude. Certainly, every other man who was sum-
moned for jury duty in those cases. was discovered,
upon examination, TO have both 'formed and ex-
s'pressed an opinion touching the guilt or inno-
'cente of the accused and to he thereby disquali-
fed for the faithful and conscientious discharge of
the obligations of juror. If anything, the pro-
portion of jurors thus rendered incompetent, was
even greater Whole days were accordingly con-
sumed in the mere preliminary proceeding of
swearing jury, and tales after tales were exhaust
ed before the requisite number of twelve honest
and impartial men could be found. This is a seri-
Gus evil, and one of great and growing magnitude.
1t not only embarrasses the officers of justice in the
discharge of their duties, and constitutes a posi-
tive obstacle in the way of an efficient and vigor-
Gus administration of the laws, but it indicates
laxity of moral tone pervading the community,
and an indifference on the part of respectable and
intelligent men to one of the most important
obligations of citizenship which is itself
a greater evil. In the particular cases TO which
we have referred, and we believe in other
cases, every necessary pains appear to have been
taken by the SHERIFF to procure the attendance as
Jurors of the best men in the city. Equal care and
caution seem to have been manifested by that Off
GER both in the selection of the regular panel, and
in the choice of talesmen. In the performance OF
this as, in fact, of every other duty of his office
the present SHERIFF has set an example of official
zeal and fidelity which some other legal function
aries might find it both to their own advantage,
and to the benefit of the public, to try to initiate.
On his part, therefore, there was nothing wanting.
| 1t was the citizens who were found waiting alike
to- tho n,hIn 10 +I,o,>,ae1.~ J.. sl~;
BILE men have not hesitated, in some instances, to
resort to the most trihing and unworthy excuses,
for the purpose of getting relieved therefrom.
Among the expedients usually adopted for this
purpose, none is more common than the one to
which we have already alluded, of protesting to
be disqualified in consequence Of having "lormed
and expressed" an opinion respecting the merits
of the particular case in question. The extent to
which this practice is sometimes carried,
may be inferred from the following OBJ
servations of the STATES ATTORNEY, made
in open Court, on Friday last, duriug the empan-
nelling of the jury in the murder case now on
trial. That officer is reported to have said
-hat the Court would recoec that upon the trial of an
important here he had moved the Court allow him
to question the jurors to ascertain the exact state of he
minds, for it then evident him that many very
cape the responsibility OF serving upon jury in case
murder would express opinion when they had reached
the Court house, on their way thither.
Now, for the really sincere scruples of a truly
oe'.sei>--.; - Il fon1- faaro thot hi;
judgment may be unduly influenced by what hi
may have heard or read respecting the case which
he is called upon to try and honestly dstrusts hi;
own ability far to divest himself of all precon
ceived opinions as to be capable of rendering an
impartial verdict in the premises, we desire to ex
press as we unfeignedy entertain, the profoundes
respect. We are not aware however, that the
evil of which we complain and which the STATES
ATTORNEY intended to rebuke, arises from the pre-
valence of such tender consciences in this commu
nifty. We apprehend that it results rather from
want of scruple, than from any excess of it. The
very men who say that they have ''formed ant
expressed an opinion respecting the guilt or limo
cence of the prisoner, which will preclude them
from sitting in judgment upon him, would repel
with honest Indignation the charge made by anoth
err that, if actually admitted as jurors, they would
be capable of returning any other than fair an(
impartial verdict. Their sole object is TO avoid
! fba n &c J,,t,r 4I,o,
desire to shrk, because they find it oner
GUS and disagreeable, and attended with much o
personal discomfort and inconvenience, and, i
may be- of solemn and painful responsibility. |
is for that reason that they are willing to pro
TESS themselves under the influence of
opinions, which, if they exist at all, in mos
cases have been far too lightly formed, and ar
altogether too slightly entertained, to constitute
any real or perceptible bias in the mind of tn
individual who urges them in justification of his
own exclusion from the jury-box. Every MAJ
who has ever heard any of the circumstances O
cntlon may have grown, is almost certain to hay,
formed some sort of opinion in relation thereto
If he has ever INDUCED in any conversation upol
the subject he is very likely to have depressed
that opinion. If the formation and expression
OF such opinions, based usually upon slight an,
insufficient data, and uttered without mucl
thought or consideration, disqualify man
otherwise honest and unprecedented, for tn
duties of juror, then the numbe
of competent jurors in any case 0
much public Importance, or popular interest mus
be small indeed, and confined exclusively to tn
most stupid and Ignorant portion of the commu
nity-to people who neither talk nor read, nor b,
any accident either hear or know what is dali,
TRANSPORTING around them. Such persons-if sucl
there be-are just as little qualified for the du
ties of the jury-box, the individuals to whom
the STATES ATTORNEY referred in his remarks anC
who by the unworthy subterfuge to which they
resort in order to escape the necessary but trouble
some duties of a juror, show their unftness fo
that and every other trust requiring truth ant
honesty in its performance