The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-12-24
IllIternte Jurors.

The Legislators of New York have done n
good thing in making a law regulating the
qualification of jurors for their metropolis. A
man can not serve on a jury unless ''intelli-
gent d sound mind and good character free
from legal exception, and able to read and
write the English language understandingly."
The jury system Of trial may not be the best,
but centuries have sanctioned its use, and il
has become incorporated into the legal and
neral ideas Of Britous and their descendants.
II will be made the subject of periodical de-
nunciation, but however abused and perverted
at times and i'll some places, and however
much denounced or deridcd, the Anglo SaAOns,
Anglo Celts aud Anglo Americans will retain
the jury system rs long as they possess any
wreck relic Of political liberty. II, then,
the system Of jury trials becomes defective,
corrupt or perverted, We must not think of
getting rid OF such vice and defects by tearing
ii out by the roots and casting ii aside We
must rather dig about the roots of the Sener-
able tree, prop its old hlnbs, prune its dead
branches shelter il from rude blasts, smoke
out the vermin that dcspOil its foliage and
drive away the ill-Omened birds that hide I'M
der its shadow.
No jury system can work we'll when juries
are composed of ignorant or wicked men. 4
fair trial is due to every one where his prop
crty his reputation or hisliberty depend upon
the results; no fair trial can hc had from n
dishonest or ignorant jury. Ii is service
which il almost without remuneration, and is
therefore performed from legal compulsiOn or
from sense of duty. \ juror need not pos
scsS judicial talent or legal learning for these
are supplied to him from the bench; but hC
should have the capacity and intelligence "a
comprehend the judges instructions and Hp.
prcCint0 the arguments and illustrations Of Rt.
tornoys. He ought especially Ia understand
the language in which the trial is conducted
Though reading and writing can not he con
sidered exclusive or infullible tests and signs
of intelligence, they may generally be assumed
~ such with approximate safety. Instances
OF intelligence without the art Of reading ARE
numerous, and still more numerous are in
stances Of hullncss in persons who yet car
read, but for u man 10 know the language vel
enough to understand the arguments Of coun
sci and the instructions of learned judges ht
must have acquired his knowledge in part b.,
reading. The acquitEl convicting of ac
cused person may depend upon the right I'M
derstanding Of single word. 1t Is almost
impossible for judge to translate his thought
into the limited and rude vocabulary Of thos,
who are untaught. In spite OF himself h,
must employ words and forms of expression
which reading and the society Of readers hav,
made habitual. Even the strict adherence I,
syntaX il q source Of confusion To tho lowo
grade of illiterato minds. To such, nothin
but their own semi i-barbarous idiom is full
comprehensive.
For these reasons, tho rule that requires thR
n Juror shall be able IN read understandingly
though II may fail In some cases To secure IN
telligence, will certainly very much diminis
the chances Of drawing jurors who are no
capable or worthy of confidence.--E. D. Pi,
dyue.