New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-14
THE COURTS.
supreme COurt-The Status Of Juror
Who Could Not speak English.

supreme C0urt-The Status Of n Juror
Who Could Not speak English.
Judge Howe, Associate Justice of the Su-
preme Court of Louisiana, delivered last
Monday the following interesting decision,
| in which the status of Juror summoned be-
| fore the First District (Criminal) Court Is
happily defined under the law bearing upon
| the case.
State Of Louisiana Va. Albert Push-Ap-
| peal from the First District Court, parish
of Orleans.-The defendant has appealed
from Judgment by which he was sentenced
to imprisonment at hard labor for the crime
of forgery. The only point presented is by
bill Of exceptions to the action OF the judge
below in sustaining a challenge for cause
! made by the State to the juror who did not
understand the English language. but only
German.
We do not think the court erred in ex-
clud;ng such juror. and We find il dif1-
| cult to imagine of what right or privilege
| the prisoner was deprived by such a ruling.
1t is insisted by counsel that the juror was
| a qualified and registered voter. and. as
| such, a qualified juror, and that, therefore,
| the prisoner was entitled to have him ait
upon the trial of this cause. It must be
| remembered however, that while ali jurors
must be qualified electors, all qualified cleo
! tors are not necessarily qualified jurors ins
! a particular case.
! A cuaIleNSe IOr cause HAY eAcIuut many
| Jurors otherwise embraced in the genera!
! terms of the law. Thus qualified elector
may be challenged prOpscr aJectuan. by rea-
| son OF some supposed relationship. bias or
| partiaiity, or previous formation and ex.
! preston OF opinion.
| A qualified elector may be challenged
I propter defsctun. as if he be an idiot or
lunatic. though not interdicted; or # he be
laboring under an attack OK mania potu,
| or if he be blind in case requiring an in
| spectiOn Of writings. or i: be deaf. or deaf
and dumb. This right to challenge for
cause does not spring from any especial pro-
| vision of law. but from the general rule
| that the method Of trial be according TO the
common law. X. s. 1870. 5. !o. Archibold,
| vol. l, .. SAB.
! Now. 4 person who understands German
and does not understand English. is no
more capable of sitting as Juror in the First
! District Court of New Orleans. where the
proceedings are conducted entirely in
| English. than if he were deaf and dumb.
The accused might desire him, II is true. for
| such 4 Juror would always De Bound to
acnuit. inasmucb as he could never BE salts
! fed beyond reasonable doubt of thr guilt
| Of the accused; but this very desire. If
! founded on such reason. is one that can
not properly be gratified. The State has
some rights in a criminal court. and anon z
them is certainly the right to have u jury
composed of men who understand the Ian
| guagc in which are conducted the proceed
ings by which against the presumption of
innocence. she seeks to csta bl;sh Il conyic-
ton Of guilt.
The Juror in this case had it is tuUc. the
general qualification named in the law. I
S. 1870 section 2l25.j he was duly qualified
electOr: ne was properly summoned and
bound to appear. But this does not deprive
the State of :he right to challenge for the
cause ASST gned in this case any more tEan
in a case where a urOr il deaf mute. The
righ: springs from the necessity OF things
and the genera. rule that the proceedings
in criminal cases OF this State shall be ac-
cordins to the common law.
The case of Gray vs. Artiry IA La. -SS,.
a civil cas.. can not control the right OF the
State in a criminal prosecution.
! We may observe that the statute now in
force relative TO juries seems to recognize
the want of ability TO understand the pro
Ceedlngs. from whatever cause. as an ex-
emption, but exempting persons ''who may
be intirm or incapable of rendering sucil
services Revised statutes 1870. 5. 2i26.
Ii is true that Il reason for exemption 5
no ground FOR challenge. s. 2l3l. but it is
likely that the Judge might have excused
| right to complain
| Jud gment affirmed.
The Supreme Court. in accordance with
the act OF 1870. No. As. S. |. will proceed
next week. it being the third Monday III
January, TO take UP country cases from the
parishes of St. Charles. st. James, Assump-
ton. st. John Baptiste. Ascension. La
tourche and Terrebonne.
Then. in accordance with the same act.
the court upon the second Monday in Feb
| ruary. will take up country cases from the
parishes OF Rapides, Grant. Natchitochcs.
Sabine. AvoyelIes. East and West Baton
Rouge. East and West Feliciana. Iberviile.
Point Coupee, Livingston. Washington, st.
Tammany. St. Helena. Carroll. Madison.
! Concordia.
During the hearing OF these cases the
court will sit every da.y from next Monday
until the last of february, or early in March.
| After this 1t is probable a short recess will
be taken, when will be called the city cases.
the court resuming its sessions every alter
| nate week.
| Mr.. Julian. the courteous and active Chief
Clerk of the Supreme Court. has put his
new Office into perfect order. and can place
| his hand a. a moments notice, upon any
document bearing between the years 1913
| and 1870. All the archives Of the court are
! in one otiicI and in this respect the
arrangement is a much better and safer on e
than that which existed at the old Office.
The attention of Administrator Delassize
| is called to the rather careless and untaste-
full arrangement of the drapery above the
bench of the Judges in the Supreme Court
room. This might I've remedied at slight
expense. and should be done at once.
The retiring rooms of the judges of the
court are, we are pleased to note, comfort
ably furnished with all the necessary APP
pointments and reflects credit upon the
| taste of the Administrator.
! The controversy between the city and
| ward boards, which was argued before the
! Supreme Court yesterday by Mr.. Lacey for
| the City Board and its treasurer, and by
Mr.. E. Filleul for the Ward boards and
State Superintendent Conway. has been
| submitted to the court.
Eighth District Court.
The much talked-of vagrant act Of the
| last Legislature is to be passed upon this
morning by Judge Dibble, several alleged
vagrants having applied to him yesterday
| to be released from the WorkhOuse. where
they have been confined by order OF Justice
| Of the Peace Meyers, upon writ of habeas
| corpus When the cases were called. Mr..
! Beckwith, representing the Metropolitan
| Police Board and the Justice of the Peace.
| submitted the case without argument, as
did the counsel for the plaintiffs, each being
anxious that the Judge should pass upon
| the constitutionality or unconstitunality
| OF the law under which the commitments
were made. Judge Dibble promised to
| render an opinion this morning.
The regular business before this court was
| the argument and testimony in the some
| what celebrated case of j. II. Young ct al.
| VS.. the MagazineStreet Railroad Of Jeffer-
Il. 4 l,.,,%