The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-07

Joseph Wright had formed an opdni,o.
To Mr.. Phinpe-r opinion not rely ofned 90 |
rumor or e~spsper lie had never conversed
with any the nesses; he could diss 20 h-s obsa
tions juror, II swoTn On the jury.
To the JucgeHe had impression, bias or prejudice
To tie District Attofpey--He conld give An Impartial
verdict according 10 the and evidence; aad con
scet tous scruples about capital punishment
QUESTION you pro ersy t. toe am unit 4 SSooF
Juror-i do OF know as to beng WORTH $500.
lr S.spton objected the question AZ 10 property
qualification put by the District Attorney. He an no.
think the Of property any objection ID The District "
juror. When the question was d'st made IN tn ct's
the counsel for the defence taken by surprise lnes
aware that the statute Of Maryland in its coona
ooDdtcp did impose property qualification; but se's
not that the Usited atee had ale an obec
ton 10 nrr on this ground, which Is 80 JshoaoraOieu
the principles which the govern meat rests Tne DIS
trc Att rpey had made that objection 10 other
criminal cases, sci Tor defence sup
posed t would not be made here. THIS objection w.
made under the OF Assembly OF colony OF
Mai land passed 0cto 1er, i77 Prior that time
unoer the government OF Great Britain, tue publication
Of juror had been made both as 10 the amount ana
quality ofhls Freehold properly, to particular
value eqored but as early as III iieas had pro
sressed that the abeurdty Of requiring freehold
qualification aboshed Nevertheless, there WAS still
rgquned a CERTAIN property qualification He oeed not
trace he origin that idea he did not kno~ That there
was single OF the Upion which required this pro
perry qua iGcailon jurors he asked The District Al
,orney whether aproperty qualification was required now
IN the stale Of Mar landp
District A''0rnes-I 60 not gov whether there is or
Mr. stanton-The prisoner arragned under the laws
of III Uuited States, and unless the iaris shelton
and ssveT.gDty Of the United States impose
properly qualification the jurors no such qua
hacaton DO imposed The only requirement is
thas they DO tree aud impai tial triers. The acts
affecting question will be found under Gem Act g.
SEPT "a, 1885, which declares that IN cases punishable
with death trial shall be bad in the cooety or where
no, so ad that twelve petit Jurors shat be summoned
thence shall be drawn by lot otherwise in each
State according the mode of forming juries therein
The law simply indicates desgu ion Of Jurors, aot
pJovioes that they shall have the qnahcatois AZ
required for juriss by the laws Of th' states Tat "as
all the qualification which Congress imposed Oh jurors
| Is this n SatcY portion OF tue St,te Of
Mar land and have IMPOSED us the laws Of i17lP
BY no This territory belongs u tue United states,
and the jurisdicta of the United States alone dseiis
here. On The organization Of this District il was pro
yided that the laws OF Virginia. thea existed,
be extended that portion OF the District coded ~ the
Uniied States regard 70 that portion ceaed
| by Mary land. But this applied civil To criminal
procedure The ACT Of the 2oh Iuy 1870, amended toe
act Of 1900 which provided that jurors coats
OF the United States should, 10 confJrmty win toe
| practices ~ the state or District, be des'gn ited
by otherwise. It's operation was !. give validity u
the practice then prevailing. The act of 1870 provided
tina. Jurors TO oil the Uoed States. each
States should have such qualifications required Of
Jurors TO serve the highest State courts. He argued
that Congress, having provided the mode for Designating
lurors and having i'm posed property qualification,
there ia no warrant ali for property qaahdcat
within this District The for making ta.t la
CONFORM to the State law that there might not be
modes of procedure. IL to harmopzs the practice
There no warrant Of which max
the &C, Of the mbiy of the Colony Maryland 10
| l1s7 law in the District Of Columbia at this day.
Ceuuse felt strong belief TO the right of toe prisoner
be tried by twelve men without regard TO property
qualifications. The act OF the General Assembly Of Ma
Iyiand Of 1901 reduces the Qualification of jurors, and
eDaots that Jurors may be summoned OF the wisdom
experience having $500 worth Of property and tn Il
70 challenge shall be allowed against apy jaroe Tor
| Of such quailcauon The direction the sheriff
But The of freehold should not be itself any
cause of challenge. The act was simply directory, and
indicated 10 The Sheriff merely that he should have wise
ard jurors The property qiaid alton
qured be the State Of Mary land. wou Honor
Say tbs whether the properly should be there
or the District OF Colombian II the Court took the
must take the whole law. Toe av beng inappicabe, no
such qualification be imposed aud certainty II ought
be applied in q which appeals TO the
every man; but least OF ALL perhaps, to that who
has other possession than pure honest heart sub
init that the Judge and warrant impose the pro-
perry qualification in this 1t q technical
ty contrary to the spirit Of the age. the practice
warranted by the sovereignty Of the United States
/ roulo not he m osed on this prisoner.
| The District Attorney repled-He would not discuss
the proprety OF the lay. The question be determined
vas what the Law not whether good bad, wise
foosh but what says the statute He imagined that his
Honor would not go behind law to inquire nto its pro
priety, mater how repusve to his Honors feelings
AS its practice he would admit he had previously
insisted tue law, but because, he would frankly
confess, he Of the of the Law
that his rule was frequently practced here, and
resorted TO many where his colleague Mr. Car
isle) bad been counsel The deviauoDs rather
| ptons tbao otherwise. II resoied the
of EDWARDS and the practice of late District
Attorney and bis predecessors to enforce the law Pre-
the year l777 the law of Maryland required free
bold qualification, but at that time the freehold qlacs
ton dispensed With, far as the Provincial Court
vas concerned The law Of October, l777, extended
| the provision Of the existing laws, aud applied
them the county courts making eight hundred dollars
worth Of property necessary for the qualification Of
juror. The gentleman says this old statute Of
hundred years ago. II may be better for
1t Instituted abou, the time Of tn Declaration OF n
dependence, when might be supposed fathers
what accordance with the rights Of In 1901
Congress applied TO the District Of Columbia the laws of
Maryland then in force Did not that constitute them
laws Of the United States and not of Mary and' It
precisely Congress had taken up these laws and
acted them ssisssm ue,bs This, then, statute Of
the United States, the qualifications Of jurors
ard being so, it the Law of the land and the Of
this sufclen, for him that The public prose-
cutor should know the law, and stand upon be
| II the law He knew Of nothing that would
justify him in departing from that rule But, say the
gentlemen on the other SIDE Mary fit change