New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-03-27

~ fcCtub tIldi III IuinCcPnin HOS uiuW ottChsoh
to abuses in the constitution Of uries. by no means
peculiar, We may observe, to that city-abuses
by which the value Of trial by jury as means for
the administration Of justice, is greatly lowered.
snd which, if they are suffered to continue, are
likely to undermine aud destroy the public respect
for the administration u Justice by this means.
TIE particular case to which We refer WAS trial
for murder, in wbich-as often happens in
such cases, and frequently, a there is too much
reason to esr with Il view to the very result wh,h
follow ed in this cs.e-the regular panuel OF Jurors
vas exhausted by the free challenges Of the coun-
sci for the prisoner, whereupOn special yenire was
ordered to issue, to complete the jury. These add
tiunal jlrors, Instead of beirg summoned from the
bod, Of the county, IN the tenor III the precept re-
qu;ed, were picked up from among the hangers on
sb, at the Court Hcuse-persoEs, many Of whom
were suspected of bers present for the very pur-
pose Of getting on the Jury. which, being thus
packed &c it were, returned verdict against both
the law aud the Evidence but with which the CouIt
had o power to meddle All that could be done
WIS to line the Deputy sheriff in trfug sum,
aud to imprison him for ten days for contempt of
court in the execution OF the jury process Entrusted
to him for service.
The discussions growing out Of this case have led
TO disclosures and statements which abundanty
show that il is not alone in criminal cases that
there il ground 10 complain of the constitution Of
juIics. The evil exists 10 great aud alarming
degree in the constitution If uries for the trial of
civil case, Upon this .uiiect correspondent Of
TIE Er,njng BUV,t" nsaes the following state
inert:
.'r.s "be arni-l he onean,. .esc' Psor' to
VII e % dosr dss . o. np9 ,e S ~, Idle 10y:
tm. lura. They care no toy The Iea meets
r e,. coutiocd by .Itf Thus is That citizens
in their property and their cu'scieis 'h merry
"a e,;itT Now aud then business nai aai ueu 81 Sub
go, .pa ~cslh AID edncsio srs SUMMONED serve on
gi,. Instead q oleyns the ~. bish duty - .ocety
hit worse they ray the officer who .ives them with The
rrces them not foHsd snd thru they escspe BY
beiy, doing WRONG tbe Puene ~Iors theD'-,- aud
yi ia lie administration CT public ig'tee
The safe of things thus alaIniingly portrayed
8. operating in the city of PhiladelPLi,, TO brag
irIy iris into contempt exists in full force 10 this
CITY. housh here it is not necessary to bride the
aict 70 make false return If " not found Any.
body summoned Juror may, by law, excuse
bimset fr IN sitting by paying the triling fne Of
twenty five dollars. Nearly every respectable man,
wbo,e time aud Judgment are Of any value, escapes
ircm service by tie payment of this fine, or not
uuiIequeLtly IRON both fine and service on some
patr, exclse, f. which the Courts sre but too
ready 10 lis en-. The jury boxes are thus filed
with incompetent perscu., msinly those who are
too pcor to pay the 6ne. Nor is even this the
worst of il. II NAV, aid often does happen, that
ore or more OF The jurorL from imperfect knowl-
edge CT tie English sususge, is wholly incapable
# UNDERWRITING eiti or the evidence or the pead-
;rss. II certainly is gres; deiec. in the law cog
.dcrins the fact recently a'certsned and Published,
that some seventy lsneusses ale spoken in New.
Yorh that every juror is not required to be exam.
ned as to his capacity to understand the proceed.
ipss in which be is to take part.
The :ndispo.ition to ait on juries on the part Of
competent persons no doubf mainly ar ses from
the fact that jurors pay 10 but nominal. Tn.
theory upon which this nominal payment is based is,
that every man owes certain duty 10 the public
and his fellow citizens 10 assist in the sdministIa-
ton Of iu,,ice, which be ought TO rerder without
conformation If this theory is TO be maintained, II
oupbt to be carried out. TIE capab and intelligent
thce whose services are slore Of any real value.
ouelt not 10 he allowed TO escspe tas great public
duty b, the pay nent OF trifling fine or by some
iiyolous excuse while the burden nj the admins
trs,ion cf Justice thrown upon that very casA Of
.:l;z.ns xh, m no Cne un'e:s Conscious ni hasas
scn bad c..e, w,u.i i, w..i, to...s.. ~ ccsre..