Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1872-09-18
VRIi:, EN- JURY.

An insidious onslaught is occasionally
made by the press of the country upon
the right Of trial by jury. The sacla-
ramento Record, abiding to the trial OF
Laura y. Fur. says;
The facts that the first trial WAS for
weeks. the principal topic OF conversa-
ton; that the press punished pllono-
yrup lie reports of the proceedings, and
that the whole subject was examined,
aniIyzed and .capvassed from every im-
aainable point by the entire Community,
render it almost impossible TO obtain a
jury of ordinary Intelligence which shall
he eligible un'hr the monstrously absurd
rifles which are. Prescribed FOR the quail
tiaat'on Of lrors. --.
The assumptions of our SACRAMENTO
namesake are certainly strange, coming
n, they do from so respectable and we'll
iSfOrnIed ~ source. The Record says
the press published photographic re-
Ports of the proceedings, and that the
~holB subject was examined, analysed
and canvassed from almost every imagin-
able point by the entire community, and
YET the ruling of the Courts declaring "A
man disqualified from the jury box after
having read q Photographic report of
the proceedings, and canyassed the case
in every imaginable point, Is held up by
the .ReeQyd as ....monstrously absurd, "
, We Eesard the very cpntrary as the true
position. Nothing can be more "mon-
btrotsly absurd or more wicked and
ntrocious, than to admit to the jury box
~mail wiio mas read the evidence, or whc
las had the case stated TO him so clearly
that. utter analy2in l., and eanvassing til,
case, aud from what he has read o
heard, becomes satisfied as to its merits
We maintain that man who takes
decided stand upon any issue between
the State and II citizen, or between tw
citizens, is disqualified as juror. Thos
'r,f an opposite view contend that an
man who reads an account of II holncid
.ynlust form some sort of opinion abou
it. Granted; opinions may be formed
s'and generally are arrived at, from q
imperfect knowledge of the facts; b.
when q man reads or hears about a cast
analyses and canvasses thoroughly VII,
he has read or heard, his opinion giv'
way to conviction; and who has I'll
- h.rdihood to contend that man who
convinced Of a certain fact is qualified
sit upon jury to determine wheth
such fact exists? The difficulty is tn
:. many journals in the large citi
especially striving to take from Il
go Courts their proper control of Grimm
sbusiness, by continually harpins up
every criminal case, and by keeping t
matter constantly, before the public,
riost force every man who reads at all
take stand either for or against the {
d, cllsed. Two murder cases are now
fore the District Court Of this count
sthe circumstances of the killing in ea
z case were briefly mentioned in these CO
snmns. and the matter has properly be
left to the Court for final Discriminate
=. Had this paper patterned after the 5
'"- Francisco papers, the obtainment OF
jury in either of these cases would ha
been Made impossible. The rule 'appli
H. 10 jurors is right, sndif fash newspap
would cease trying to create convict.c
for or against the accused, and peol
would school themselves to look upon
3 rslltentim and the proof OF a fact as t
different things, substantial justice wo'
not 60 often be cheated.