Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1871-06-15
Our Detective jury system.

ed another striking illustration of the
evil workings of our jury system. TO
which we recently directed attention
One panel of five hundred was exhaus-
ted in obtaining ten jurors for this
trial. The new panels each were or
dered, from which to obtain the re-
naming two. More than q week was
thus consumed in getting ready for a
trial, and all because the law, literally
interpreted, stipulates that the forma-
ton of an opinion as to the innocence
or guilt of a prisoner from previous
perusal of the newspapers, precludes
one from serving as juror on his case.
Could anything be more absurd than
this provision more calculated to de
feat the ends of justice, and to bring
the whole theory of jury trials into
contempt? 1t is certainly nothing, if
not direct premium upon ignorance.
People receive impressions of things
as they are brought to their attention
from day to day, and form and express
''horse; back opinions concerning
them. There are two hundred and and
sixty newspapers published in New
York City. Every event transpiring
is speedily spread before the public in
numerous journals which circulate
among the various classes and condi
tions of society. A terrible crime like
the assassination of Mr. Putnam is
announced everywhere, and awakens
a general feeling Of horror. The cir
cumstances attending it are so well
known as TO leave no doubt as to who
| committed the awful crime. But when
the accused. against whom the circum-
stanial evidence is overwhelming. is
brought forward for trial, the law
saYs-no one who has formed an opin-
ion concerning his guilt or innocence
can sit in judgement. What is the re
suit? The Court is compelled to un-
dertake the task of finding twelve men
who do not read the newspapers, and
are, to all intents and purposes, as ig-
norant of what is transpiring in the
civilized world as if they were with DIR.
Livingstone, amid the African jungles.
Better by far to gather at once into the
iury-box a dozen of the ''heathen
Chinee" about the park, than to go
through with the long, tedious, and ex-
pensive operations of sitting out the
stwelve" from a thoIsand individuals,
more or less.
The fact that we have formed i'm
pressions, either for or against a per
son, in no manner units us to receive
and act upon the truth concerning him
when it is told Carried into the
every day affairs of life, this jury
theory would destroy the whole fabric
of society, and remove all grounds of
confidence between man and man, mas
much as individuals would enjoy nc
opportunity to extract the back bitter s
fang, or. to follow up the slanderer'
trail. Having been made to believe
by a report, perhaps maliciously Sc
aflOat, that Jones or Smith was baC
man, we could never have an oppor
tunity of learning to the contrary, mas
} much as the previous formation of al
opinion as TO his character would unfi
us to receive and weigh further testi
mony!
The very first act of our State Legis
lature next fall should be the amend
ment of this provision in the jury law
so as to conform to the views of tn
Supreme Court of Mass, which cha
+, decided that the formation or express
ion of an opinion about the guilt of
prisoner should be no objection t
0 service on a jury called to try him
Q provided there was no such preiudic
!, on the part of the person thus express
= ing himself, as would prevent him frol
reversing his Judgment in case the fact
o were differently presented on the trial, q
0 in case new facts were developed, sufI
o cient to change the views of an impal
o o tial Juror. Recorder Hackett made al
o rangements to proceed to Albany las
= winter, and bring about this much d.
% sired change. The demands of hi
d Court, however, prevented him frol
y y carrying out his intentions.
% While on the subject of our jury d
o fects. the New York and other Sta
- Legislatures might. in the interests
80 justice, and with advantage to the pul
t. lie, investigate the two thirds {
A. Scotch jury system. 1t is now not
rious that criminals often escape pu
/. ishrent through the stubbornness, in
hecility, or bribery of one or mo-
n n jurors Twas but the other day tn
-. New York State judge boldly charge
=. upon jury that rascality was at Il
- bottom of their failure to bring in
= verdict of guilty, against a prisone
=. Twice this man has been tried for h
=. crime, at an expense ofovcr ten thou
=. =. and dollars to the country, and he
a. now to be tried for the third time, Il
~ jury upon both previous occasion
l.: L. having stood eleven for coDvictiC
is, and one for acquittal. Two of t
jurors on the Evans trial, last wee
held out all-night on a technicalit
20 3 and only yielded to the ten VIII,
10 Judge Bedford gave them to unde
rhh stand that they would be locked u
In until q verdict was rendered.
In Scotland fifteen constitutes
Jury, aud a two thirds vote-a verdiC
SO A failure TO agree upon a verdict
therefore, rarely known. This is lik
, wise in Scotch jurisprudence a midd
term verdict of mot proven" in crir
e inal cases where there is ''moral b
- not a legal conviction in the minds
: majority of the jury, and viii,
II leaves the accused liable to be tri,
= again for the same offence" Und
1 this system a criminal is pretty sure
80 meet his deserts. There is also an q
III sence of the encouragement given
80 crime by the uncertainty of convi
ton resulting under the system
unanimous verdicts Both Minneso
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