The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-02-02
.,,..y,,u plspatth.
FGIDAY..... So. .FEbho1
From tho Lyncho"rs News.
ma, nwnrs0cnfienS of Jurors

Tho Qualifications v" ,,+,,or of
u Is an absurd rule OF law, ~ ;,,rr, Nov IN
49,, c.;cc which dcbars from Tue !u,. oaoa ~,
pnrsons who have formed ol eApi.s' ~ tha
nnin;nn ~ to the guilt or lnnoeene1 VI go
nr;soner about TO he triea' Ano W. ~, NO.
p.tcd in M age when the average nl.,, We
;~nornt. his prejudices bitter sn" MS ~,
n information few and uncertain. l. WAC p ~
tended to exclude from tho Iahcl SUN ., ~ nc
.ons as might reasonably be supposed 70 &c
nre;udiced. either on account OF thch ,.
t;nns 70 the prisoner or the prosecutor, or ."
.rconnt Of their intimate knowledge oi ".
whole transaction, or their residence III ,.'~
;n,nc1i,tc locality in which the CRIME w.
comm;f,ed. There were no cnferpil>i''s pa.
,>n,.s item 10 publish broadcast inc iihus'
i.,.;I. of every crime, together WIFI "i"S :.
,,i,;.s nf those who were accused, ''iu ~
those who suffered. ~ article
Th, New York Independent mas Il" ~.
,,nnn This subject which 80 fuzzy eNi''os.".
orr views that we rcpublsh lilc i"ii'"''e
extract: ;,ror mon
..o,,;;,,, g, detailed statement OF the clrcuHl-
stancc- attending the commission OIL crime
and assuming the substantial corlec'hosS
thereof. can help forming some OPINION as 10
tho guilt or innocence of the party alleged ~
have ncrpetrated the deed. The OPINION i
a nriyote one. growing out Of the very consul
tntion Of human nature, and having no on
cial relation or responsibility. IL Is also ny
pothctical, being built upon the aSsuii'p'lo''
OF certain set of facts; ana It may nave W.
rious degrees of completeness, from 'oose'
general impression to decided eoi'lctl"H'
provided always that the Facts are rs STAT -: d.
In this age OF newspapers ana ample taci' :,
Of inflammation. ~
,,c;~ous of ordinary intelligence are COLL
Ir,Ird 10 form such opinions in respect 10
cri,r,, which excite the public attention
'rhnv cannot avoid the result, except ny ~
;nriHg the means Of knowledge; ana tHi9
they certainly should not 90.
.Eow does such 4 fact render any hta'''
intellectually or morally, incompetent 10 80
sworn Us a juror. to listen carefully 70 'n'
n,.;drnrr submitted, to hear the arguments OF
the counsel. and also an exposition Oh Inc Ill"
fran, the lips of the Judge. and then retire,
and win his associates weigh the evidence,
and Mt last come to conclusion solely III the
hrht of that evidence? Not at all. HIS pre-
v;1,u4 otf.hand and unstudicd impression OF
o,,i,ion. entertained without any pubic re-
snnnsibiltv, is no obstacle Whatever 10 Il
,t,ht.ous determination of the question OF
G,ci. provided he is an honest man; ana IL lie
j. not such, then he is not very likely TO con
fine his verdict to the evidence, whether ne
has any previous opinion or not. A mere
opinion, formed without legal evidence, AMI
vi,it no personal interests to influence ii,
IS not such bias in its own direction rs I"
tmpair the power of the evidence or to weaken
the Judgment in its consideration. The rule
adopted by the courts on this subject Is,
hence. phiIoSosopbicllly absurd; and almost
q 70 l,,,c ONT he.
SIT OF the bench. Then their Judicial sense
ccts the better Of their common sense.
"Thr practical consequence Of applying the
rule is the exclusion from juries OF the most
intelligent and competent men in the con-
rl,:ui.y and the commission Of criminal vc!-
diet, to the adjudication Of stupid ignorance.
THIS is one OF the reasons why, in murder
trials, those who deserve to be hung so fire.
Gu"nt!y escape the just award of law. Take
tie case Of Cole, tried few years since al
Albany. The evidence showed clear and
pliiE,bie case of murder in the first degree;
and yet the jury, under the plea of insanity
in behalf of the accused, found that Cole,
though sane up to the moment OF the crime,
and sane immediately afterward, commit
ted the deed under 'an uncomfortable i'm
pulse and on this ground brought III Il
verdict Of not guilty. The verdict in the
case of Mcfarland was no better. In both
cases it was contrary to evidence and coz
tinry TO justice. The law failed Of its end
in the hands of its sworn ministers. Suc
failures have become so numerous that men
Of mnrdcroIIs passions are beginning to
think that Hanging is about played out
Filing the jury-boN with asses instead 0!
iltciGcnt-.and sensible men, who arc not 10
he deceived hy the articles of criminal law
ycrS, tends directly to promote the crime oi
murder, by the hope Of impunity 10 those
who commit it,"