The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-07-15

IGNORANCE QUALIFICATION OF JrRoES.-Yes-
terdsy, In commenting On the execution of Hicks,
the pirate, We adverted TO the absurd practice
OF our courts in this State in holding tina. q
juror is disqualified from trying case if he
happens to read about it in the newspapers, and
has sufficient intelligence to form an opinion
about the facts. We find that the same doctrine
prevails on the bench in the State of California
the Judges there no doubt adopting it from the
judges here.
In the case Of Judge Terry, tried for the muir.
der ex-senator Broderick in duel. Judge Ha.
ger, on application, has ordered change of
venue, not on the ground of excitement and
popular prejudice, but on the ground that the
Supreme Court of California had decided that
"men who have formed opinions from reading
newspaper reports, although they know no.
thing of the transaction Of their own knowledge,
are incapable of sitting as jurors"
This dictum, equally at variance with sound
law, right reason and common sense. would lead
to the conclusion that the only class of
men fit to be jurors are those who-are so igno-
rant that they cannot read, for in these days all
who are capable Of reading anything read the
newspapers. So that the lives, the liberties,
the rights and property Of citizens are to be
lieh'eneo portion of the community Ifthis doc
trine were good law, and pushed to its Legitimate
conclusion hardly could prisoner be tried
at oil in this STATE. For in what portion of it
does not the newspaper circulate, ard where is
it not read by all. uiness by the unfortunate
class who do not know how to read? To change
the venue for this reason would not answer
here, for the press of this city carries TO every
village reports Of every criminal case of any
importance But the whole theory is at vari-
ance with the original intention Of trial by
Jury, and the common law of England, from
which we have borrowed it, In the olden time
the Jurors consisted of the neighbors of the
accused party-of those who knew him
best, and would be most likely to
know the circumstances of the case.
IHey were, in fact, summoned very much in
he character of witnesses, and their testimony
was called verdict-that is, rere dicssssn or the
telin,; of the truth. 1t was always held that the
in which a crime was committed
vas The proper place in which to try the case.
rhe jury would thus be able to form more
correct opinion Of the credibaity of the evil
lence and of the whole case. And never was
I dreamed that intelligence, ana the power of
and approaching what we read
" hear or see, could be Disqualification to
ct as a Juror.
The question asked q juror in the English
ourts is, whether he has formed such an
opinion as win prevent his rendering true
md impartial verdict upon the evidence to be
produced in court. The more enlightened end
IBe man is the less likely would this test be
10 disqualify him. But the laundering version
Of il adopted by some of our ignorant judgesi is
calculated tO.put on juries only t1ose who are
the most illiterate, stupid, debased and criminal
portion of the population, for crime and igaor-
ance 90 Rand in hand. 1t is 40 wonder that such
ii,rics so often do not agree, whom the case is
very plain to- all intelligent minds, and that
when they DO agree their verdictis more likely
to be wrong than right The sooner such a-bar-
barous rule rs secuted from our courts the bet
ter for the credit of the administration OF
Justice and the character of the community for
enlightenment. 1t is only worthy of Gsths and
Vandals.
The caase Of the evil lies in the system Of
electing our Judges and District Attorneys by
the popular vote. It Is q grand mistake, and
ever since its adoption our judiciary, with a
few exceptions, has proved remarkable
failure. The Judges ought 70 be paid far bet
ter salaries, such Is would remunerate we'll
educated and able men, and their appointment
ought to be vested in the Governor Of the
State, to be confirmed by the Senate, and the
appointment TO be for life or good behavior.
A higher class of men would thus be obtained,
and, what is Sc essential to the pure administra-
ton Of justice, they would be independent and
free from those corrupting influences which
now so frequently bias judicial decisions.
TIE GARBNpr FuSD.-In another column
will be found a statement Of the receipts and
expenditures at the recent grand musical festi-