The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1872-07-13
Our G)liu.
Trial by Jury.

Is it not time that the laws relating
to the impanelling of juries should be
revisedg In the procuring Of the Jury
for the trial Of Stokes, several days were
lost because it was difficult to find twelve
men out Of the entire population of
New York, who had no opinion" " as
to the innocence or guilt of the prisoner.
1t was not until after the Court had
examined upwards of thousand free.
men on the jury list, that the requisite
number OF jurors was obtained The
same difficulty occurred in the memo.
rable case of Sicklos and Key, at Wash.
ton some fourteen years ago, when it
seemed likely that no trial would be
had, because every one 4" had an opin.
ion.' So it was with Mrs. Laura ID.
Fair, and so it has been, in fact, in
every case which has greatly interested
the public. So it will be 10 future. SO
long as the law shall stand as it is, un.
I'll, perhaps, some pre- eminent criminal
shall escape trial altogether 10 consc
quence Of it, and then the apathetic
publis may be reused to indignation.
and sweep away the legal absurdity
Sidney Smith was right when he said
that no effort could be made to avert
railway accidents until bishop had
been killed. ThcPriuciple applies equal.
ly TO the impanclling Of juries to try
lllustrious criminals under the present.
system, which excludes from the iury
man who may have read the news.
papers with sufficient interest to form
conclusion" or who may have heard
the case talked about or discussed. As
it it could be possible in those DAYS of
newspapers and free speech, for any
man who was not absolutely reeluse
to avoid hearing or reading the partic
ulars OF a great crime which was the
town talk, aud the common subject of
discourse throughout the world The
law which would exclude man from
serving on a jury for such reason as
this Is based upon a low and erroneous
estimate OF human nature, aud upon the
assumption that the newspaper reports
and the current talk contain dH tho
Facts in the case. 1t assumes that. as
a rule, jurymen will not do their duty /:
aud that they will not "well and truly
try, and a true verdict give accorli.y
to The e9itleace," as they are sworn to
do. 1t takes for granted that man
who has read newspaper report bo
comes So biassed by it as not TO be
trusted to try the case, forgetting, or
willfully overlooking the fact that news.
paper reports are gathered hastily aud
put together without any logical SO
quencc; and that in almost every case
there are circumstances which cannot
be ELECTED except through searching
examination OF the witnesses, yet which
may materially alter the aspect of the
oiience, or perhaps establish the limo.
cence OF the accused. Newspaper re-
ports, too, arc frequently inaccurate !;
indeed, it is wonderful they are not
oitener so than one finds them TO be.
considering the haste with which the
reporter has to collect the particulars.
aud the difficulties he often has TO con.
tend with in obtaining them. There is
a possibility Of having too much of u
good thing, aud the law, in its anxiety
to secure to every offender, or suspected
offender, a fair trial, has gone SO far as
almost to prevent his being tried at all.
Trial by jury becomes almost inopcra-
tive under such system. IL was orig.
inally intended to be a protection quite
as much to society us to tho criminal.
1t gave tho people the power of netting
out justice for themselves upon those
who preyed upon tho community, and
it prevented tyrants from Arbitrarily fix
ing criminalty upon innocent mon but
1t never was designed to favor the escape
OF the guilty, as would almost seem to
be the case now.
Trials, as ut present conducted. cs.
pceinlly in New York, appear to be
dramatic performances, got up with a
view to collecting crowded audiences,
the accused being the centre Of interest,
the counsel the chief performers, and
ylcing with each other aud with the
Court in developing the most scnsa.
tlonal situations, prior to the grand final
deaouemest, the acquittal of tho accused.
There are, however, exceptions to this
rule IN the cases of poor wretches who
have neither money nor friends. But
lot the culprit, if man, be rich or no.