The Sweetwater enterprise. (Sweetwater, Tenn.) 1869-187?, 1872-05-02
JurDrS In Criminal CaseS.

JuiUlN III criminal Eases.
The Following is Hlcn from the
Pres amt Hsfyid;
\ decision has just been pronounced
by the Supreme Court of Tennessee, at
Jackson, which may well CAUSE the Cir
cut aud Criminal Judges Of the State,
who lately held their reionnatory Con
ysntion OF Conference ut Nashville, to
scratch their heads und ponder again
the matters heretofore 50 thoroughly
considered by them.
II will be remeLahored that one Of the
recommendations Of the inferior Judges
and the one that received the most
favorable consideratious-was the enact
ment Of - law providing that in the
trial ola person charged with - felony,
liza party otherwise qualified, IN exam
ined ~ u juror. and he states that lac
has no such bias or prejudice III the
case AMI no such fAcd or settled opin-
ion as to the guilt or innocence Of the
accused, but that no thinks on believes
he can render an impartial verdict upon
the testimony given Oh trial, then he
shall be ad!udged Il competent juror,
unless his incompetcncy otherwise APP
pears
Although our Legislature, al its cal
led session, had not sufficient time to
adopt any oi the recommendations OF
the Judges, it has been hoped that the
next Legislature would at least enact
something similar to the recommends
tious above referred TO. But now comes
the Supreme Court aud says that such
an act would be unconstitutional, as we
learn from the following despatch TO
the Nashville papers:
Memphis, april %. IN the Supreme
Court ut Jackson, yesterday, Early En-
son, who murdered I'D Lisle at picnic
near tins city about It year since, and
was sentenced TO be hung, was granted
Il new trial. Chief Justice Nicholson,
who delivered the opinion, decided that
the act Of the Legislature passed last
winter repeating the law declaring a
juror incompetent who had formed an
opinion, was unconstitutional, aud one
Of the jurors in this case having stated
that he had formed m opinion based
OF newspaper reports, but could rem
der u fair and impartial verdict notwiLh'
standing. This decision practically de-
bars all readers Of newspapers from
serving ON jurics in criminal cases.
The net which is declared void by
this decision is the act Of January rs
1871, the first section Of which provides
That hereafter no citizen, in ANY
criminal prosenutionai in this State, shal
br adjuagcd incompetent to act rs ;
Juror, by reason Of having formed %
expressed M opinion touching the gull
or innocence Of the accused, upon infor
nation derived exclusively from IN,
published account Of the facts of the OF
! Tense with which the defendant stand
charged, unless tie writer Of said nrtl
Gle, protested to have been II witness t
the same ut the time Of their occurrence
which must afirmatiyely appear; nnd
prordcd, That said Juror will state tha
upon the Inv and testimony on trial, Ii
believes he can give the accused " fai
and impartial verdict
This law being held demonstrations
and void, of course the still broader an
more liberal act recommended Dy tn
Judges, need no longer DO thought o
Neither need we nope for any substar
tial reform OF that rigid rule, which, i
this day OF general education and dali
newspapers, disqualiiies the more into
igent p~ortionsof tho community rs j
rors in MI the more important crimin'
| trials that occur in our courts. The flu
= opinion Of the Court, in this matte
: will be looked for with IA good deal {
. interest.