The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1872-05-03
JURORS IN CRIMINAL CASES

A decision has just been pronounced
by the Supreme Court of Tennessee, at
jackson. which may well cause the Cir
cut and Crimical Judges Of the State,
who lately held their reformatory Con
vention or Conference at Nashville, to
scratch their heads and ponder again the
matters heretofore so thoroughly consid~
cred by them. 1t will be remembered,
says the Press and Herald, that one Of the
recommendations Of the inferior Judges
and the one that received the most
favorable consideration-was the enact
ment of law providing that in the trial
of person charged with felony, eff a
party otherwise qualified, is eXami ned as
a juror, and he states that he has no such
bias or prejudice in the case and no such
fixed or settled opinion as to the gui. or
innocence of the accused, but that he
thinks or behaves he can render an i'm
partial verdict upon the testimony given
on trial, then he shall be adjudged a
competent juror, unless MS incompetency
otherwise appears ,.
Although our Legislature, at its called
session, had not sufficient time to adopt
any of the Recommendations Of the
Judges, it has been hoped that the next
Legislature would at least enact some
thing similar to the recon mendation
above referred to- But now comes the
Supreme Court and says that such an act
would be Unconstitutional, as we learn
from the following despatch to the Nash
vile papers. -
MEMPHIS, April 5.-In the Supreme
Court at Jacks on yesterday, Early Eason
who murdered Ed Lilse at picnic near
this city about a year since, and as
| sentenced to be hung, was granted a new
trial Chief Justice, NicolsOn, who de-
| livered the opinion, decided that the act
! of the Legislature passed last winter res
| pealing the law declaring juror incom-
| petent who had formed an opinion, was
! unconstitutional, and one of the Jurors in
| this case having stated that had formed
an opinion based on newspaper reports
but could render fair and impartial YER
/ diet notwithstanding. This decision
practically debars all readers of newspa.
pers from serving on juries in criminal
! cases.
The act which is declared yoid by this
decision is the act Of January &c
1871, the first section Of which provides
"That hereafter no CITIZEN, in any
criminal prosecution IN this State, shall
be adiudged incompetentto act as ajuror
I by reason of having formed Oh. expressed
| an opinion touching the guilt or limo
cence of the accused, upon informa-
| ton derived exclusively from any pub
lished account of the facts of the offenst
with which the defendant stands charged
unless the writer Of said article, professeC
to have been q witness TO the same at the
time of the occurrence, which must af
Tentatively appear and, PrOcided, Tha
said Juror will state that upon the Law
ard testimony on trial, he believes h,
can give the accused fair and impartia
verdict"
! This law being held demonstrations
and void, of course the still broader ant
more liberal act recommended by tn
Judges, need 20 longer be thought Of
Neither need we hope for any substan
tial refrom of that rigid rule. which, il
this day of general education and dali,
newspapers, disqualifies the more intel
igent portions of the community as juror
in all the more important criminal trial
that occur in our courts. The full opiu
ion oftho Court, in this matter, will b
looked for with good deal of interest
]