Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-03-24
THE OOxVKETI0E OF THE TEEEEs-
x JUDGEe.

We have already published the pro-
ceedings Of the recent convention Of
Judges held at Nashville. The recon-
mendations Of this body should have
great weight with the legislature IS
these Judges, representing the various
districts Of the States, IN familiar
with the defects Of the law. There is
one recommendation made by this
convention, which we hope the legis-
lature of Tennessee will remedy at
once. We aIlude to the following;
That II q party otherwise qualified is
examined as 9 Juror, and he states thai ne
hss no such bias or prejudice in the case
and no such fixed or settled opinion As TO
the guilt OF innocence of the accused but
that he can render an impartial verdict
upon the testimony given on trihl, then
he shall be adjudgsd 3 competent juror
unless his incompetency otherwise ap-
pears.
The last session of our State legisla-
ture made some judicious changes in
regard to the law regulating the select
ing of juries. But others are needed,
50 the public seems to have become
thoroughly disguised with the misera-
bic farce enacted in every court Of
ustice whenever a notorious case OF
crime is brought up. Brougham said
that the whole and sole aim Of the
British constitution was to bring
twelve enlightened and impartial men
into the jury box; but the practical
result OF the laws Of this Slate is
something very different. The time
Of our judges is wasted by days in
efforts to find the persons in the COM
nlunity possessing the least amount Of
public spirit, combined with the great
est amount Of ignorance. As the Sc
lection of juries is conducted at
present, intelligence is almost regard
ed as something to be ashamed OF,
and a eallous indifference to the peo-
ple's welfare as the most desirable
quality that q good citizen car have.
The FOLLY of rejecting every person
who has read in the public prints
accounts Of offences against the law
has been carried so far OF late that
some legislative action is urgently re-
guired to prevent its blocking the
wheels OF justice completely. This
evil, like Others, increases, and II not
checked o o there is no telling where
it may land US. In days when the
newspaper is In everybody's hands,
t0olishness can commit no greater
ofense than to make that fact a rea-
son for denying a mans ability to
Judge fairly. He who reads that John
has robbed Thomas Brown
may believe that such is the truth and
may express himself 80 to Others, but
he comes before q justice and is
asked whether he can render a yer
dict according to the evidence pre-
,ented in the court, and he an
sWers in the affirmative, we Q no
reason why he should be rejected as
incompetent to-sit on the Jury. His say
that he thought the man charged
With the crime guilty or innocent
)afore he heard the proofs for and
against the prisoner is no reason at ali
or supposing that he cannot give an
impartial Judgment. What he read
a the public prints, and the evidence
syen by witnesses on the stand are
Tery different things and are easily (
separated. The legislature ought to
1rOTide that any one capable Of swear
ng that he can render a verdict &C {
to the evidence offered in the
.gur5eem shall be eligible to sit on a
1ry. 1t may be objected to such q
ale that any one can give such an j
attn and then violate it. But, what
Ioes he do now who wishes to serve {
q a particular case? He simply per
lres himseh by saying that he has no
whatever on the matter to be
rled. AS juries are selected at pres 1
nj, he who is willing to swear falsely
an get himself accepted, whereas
and intelligent men must bere-
seted. ItWould be better ifthe latter
we're put on = par with the former.