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

o the especial attention of Mr. CusmNG.
The difficulty of obtaining competent jurors 10
serve in capital eases, has lately been abundantly
illustrated in the Criminal Court The occurrence
" 90 Yes than three murder 'trl. noro~c thn' 'ri-
bunal within the space Of n few weeks past, aud
the popular interest awakened thereby IN The pro-
cccdnps Of the Court, have served 10 bring promi-
uontly before the public the evil To which we nj
ludc. Certainly, every other man who was SUM
moncd for jury duty In those csc, was discovered,
upon examination, ia have both "ormcd and cN-
"prcsscd nm opinion touching the guilt or inno-
Genie Of the accused, and 10 he thereby dslua-
fled for the faithful and conscientious discharge of
the obligations Of juror. II anything, the pro-
portion of Jurors thus rendered incompetent, was
even greater Whole days were accordingly con-
sumcd in the mere preliminary proceeding oil
swearing jury, and tales after tales were exhaust
ed before the requisite number Of twelve honest
and impsrtial men could he found. This is a scri-
Gus evil, and one of great and growing magnitude.
II not only cmbarrasses the officers of justice in the
discharge of their duties, and constitutes posi-
tive obstacle in the way of an efficient and vigor-
Gus administration of the laws but it indicates a
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
l,o-4 Il
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 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- 4la ,.,,hI:n +lo.>,s,l--o~ j.. ~
BILE men have not heSitated, in some instances, tC
resort to the most triAing and unworthy excuses
for the purpose of getting relieved thererom
Among the expedients usually adopted for thi:
purpose, none is more common than the one tC
which we have already alluded, of protesting tC
be disqualified in consequence of having '1ormeG
and expressed an opinion respecting the merit:
of the particular case in question. The extent tC
which this practice is sometimes carried
may be inferred from the following oh
servations of the STATES ATTORNEY, made
in open Court on Friday last, durug the cmpan
nelling of the jury in the murder case now oil
trial. That officer is reported to have said
-tha the Court would recoec that upon the trial of al
important here he had moved the Court to allow hin
question the jurors ascertain the thei
minds for it then evident to him that many very
many persons summoned to this Court who, to
cape the responsibility of serving upon jury in
murder would express opinion when they reached
the Courthouse, or on their way thither.
| Now, for the really sincere scruplcs of trul,
e,'.s~i>-..;-''~ u fon1T ~ faa~s thot hi
judgment may be unduly influenced by what h
may have heard or read respecting the case which
he is called upon to try, and honestly distrusts hi
own ability so far to divest himself of all precon
ceived opinions as to be capable of rendering al
impartial verdict in the premises, we desire to ex
press, as we unfeignedly entertain the profoundes
respect. We are not aware, however, that tn
| evil of which we complain, and which the STATE
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. Tn
very men who say that they have ''formed an,
expressed an opinion respecting the guilt or limo
cence of the prisoner, which will preclude then
| from sitting in Judgment upon him, would repel
with honest Indignation, the charge made by anoth
err that, if actually admitted as jurors they woul,
be capable of returning any other than Il fair ant
| impartial verdict. Their sole object is to avoit
serving upon the jury. 1t is duty which the,
desire to shrk, because they find it oner
Gus and diSagreeable and attended with much c
personal discomfort and inconvenience, and,
may be, of solemn and painful responsibility.
is for that reason that they are willing to pro
TESS themselves under the influence of prc-conceive
opinions which, if they exist at all, in mos
cases have been far too lightly formed, and ar
altogether too slightly entertained, to constiut
any real or perceptible bias in the mind of til
individual who urges them in justification of his
own exclusion from the jury-box. Every maj
| who has ever heard any of the circumstances @
cutlon may have grown, is almost certain to hay
formed some sort of opinion in relation thereto
If he has ever INDUCED in any conversation upoI
the subject, he is very likely to have Expressed
that opinion. If the formation and expression
of such opinions, based usually upon slight an,
insufficient data, and uttered without mucI
thought or consideration, disqualify a man
otherwise honest and unprecedented, for tn
duties of juror, then the numbe
of competent jurors in any case G
much public Importance, or popular interest mus
be small indeed, and confined exclusively to tn
most stupid and ignorant portion of the commu
nlty-to people who neither talk nor read, nor b,
any accident either hear or know what is dali,
TRANSPORTING around them. Such persons-f sucl
there be-are just as little qualified for the du
ties of the urybox, as are the individuals to whom
the STATES ATTORNEY referred in his remarks anC
who, by the unworthy subterfuge TO which the,
resort in order to escape the necessary but trouble
some duties of a juror, show their unitness 70
that and every other trust requiring truth an(
honesty in its performance