New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-02-10
TRIAL BY JURY.
FLAWS In THE STATUTE AND In THE
PRACTICE.


was visited nv a TRIBUNE reporter, recently. and ro-
ouested 70 give the results of his experience ana OBJ
seryatiOn reference TO jury trials III tnis cy ho
sad that his practice had been chiefly IN tne feuera
Courts where the juries arc selected in an ehey uli
ferent manner from that in vogue in tho State Courts
and his attention had not been specially cdoo 10 tne
evils Of the Jury system in this city until very recently
The rule adopted by the Courts in his opinion ex-
ciuded from jury all those persons best hteu 10
render yerdcts according TO law ana eViuohce' mo
rule first received its present application moro than 40
years ago. in the trial OF the People against molef'
during the ant-MaSonic Morgan excitement lie
thought that the excited state of the public mind was
the cause of its adoption. Every effort was made 10
keep both MasOus and antiMasons from the Jury The
times we're very different from the present. few people
read the papers regularly. Every crime which was
committed was spread before the whole community
tho next morning, in all its details The rule as 10 the
incapacty as iurymen of those who had formed an
opinion OF the guilt innocence OF the prisoner was
right but the manner of deciding whether an opinion
had been formed which would not be removed or changed
by evidence was wrong. Many persons. DESTROYS Of
being excused from jury duty, exaggerated the effect
which their reading would have upon their verdict An
honest and intelligent would not be biased by
paper reports OF crimes.
read" said the Judge "in the newspaper hold in
my hand, an account Of a found dead in Hoboken.
say to mysel If this report is true the muir
0ere0. JO@nOrTOW 4 may SOC OlntT ClICulHhldnCcS
published which will lead say. If these statements
are correct he committed suicide form no opinions
from one set of facts which may not be changed by
another Of facts" The Judge thought that II pre-
formed OpHion would influence the mind OF an honest
man at ALL it would in opposite direction he
would be inclined the other way from fear OF doing
Injustice In his examination OF summoned on the
Tweed jury. he asked them "Haye you formed an
opinion which will prevent your giving verdict
no nd
all who answered the question in the mega
tive he pronounced qualified But here he was
ovcrrued by the trers. The Legislature last Winter
in trying remedy the defects in the jury law, made
bad matter There are two challenges TO jury
men, challenge principal cause and the challenge
to the favor The former Is decided by the Judge and
the latter by triers. Last Winter the Legislature
moved the disqualification on account OF performed
opinions on challenges to the cause leaving the other
form of challenge untouched The result that when
he decided that juryman was not united TOT MS duty
he was at challenged to the favor and set aside by
the riers The law in effect provided for an appeal
from the Judge the trers ana produced an absurd
ty II great mistake and should be repealed at
once The true rule Is that applied in the United States
Courts where all challenges are tried by the Court.
There is no delay no argument and their jures are con-
stituted OF the best men.
He thought the mode OF drawing Jurors defective also
The Commissioner OF has the power OF determn
ing what shall 20 into the box. This clothes him
with q tremendous power. The Commissioner cannot
know every man in the city, but he ought TO know
either personally osthroughahis agentsthat every per-
son whose name is used is thoroughly qualified. In
the Federal Courts men OF known high standing
selected should be the in the State Courts The
only difference that much larger number have to be
taken There should be amendment 70 the law making
It obligatory upon the Commissioner OF Jurors TO know
what kind OF he puts into the jury lists There should
eRnI Of v.fvfr
Jurors Everything is in the hands Of the She riff
and his deputies Only the first hundred called
on the Tweed trial answered to their The return
on the summonses the other copy left at place
OF business" When they came before him TO answer
why they should not be fined for contempt Of court they
all answered that they knew nothing OF having been
summoned. These intelligent respectable men,
while who answered first Of the class Of VIII ch
the Jury was finally composed.
There should be power TO serve sum-
mOnses besides the Sheriff, and impor-
tant trial two sets OF summonses should be served
by two separate and independent officers He hoped
that the press would discuss this matter until the Leg
lature would forced to change the laws in reference
TO the organization OF ures At present they were
intoerabe nuisance in the administration OF justice. He
thought also that in all the accuser should have
the same number Of challenges the accused In this
city the former IS in the greater danger and should be
quite as carefully protected in his rights.
DOUGLAS TAYLoR's VIEWS.
reporter OF THE TRIBUNE called, recently. upon
Douglas Taylor, Commissioner OF Jurors, TO obtain
his statement relative to the allegations recently
made that he had aided in packing" the jury TO
obtain the acquttal OF WIN. NJ. Tweed the
occasion OF his recent trial Mr.. Taylor said that
the accusation manifest absurdity to any person
acquainted with the facts but 1t made In spirit
malice and intended to inure his standing In the
community he would insist upon retraction. or in the
event OF refusal would begin criminal proceedings.
He had held the Office OF Commissioner OF Jurors for 10
years. and this the first time that charge OF this
KIND had been made against him. The various acts
bearing subject clear enough His province
was TO ascertain who liable 10 jury duty and
make lists from time 70 time and transmit them 10 the
County Clerk The law OF 1880, amending previous laws
provides that the clerk OF this county shall draw all
De Jurors In the presence OF judge and the Sheriff
Under Sheriff The law OF 1Si7 provides that the Com.
missioner OF Jurors shall take the place OF Judges OF
Courts Record in hearing claims for the exemption OF
those " no make previous the completion OF the
lists The Sheriff required 10 summon all jurors, the
person informed having six days notice and being
inoned over the written signature the Sheriff The
also provides that the Commissioner OF Jurors
may be removed at any time by the Judges OF the gu
perOr Court the Court OF Common Pleas and the Board
Of Supervisors. BY the law OF 1870, the Governor is
also vested with the power OF removal The powers and
duties OF the Commissioner also defined by the law
OF lSI7 In accordance with this law Immediately after
NAV f. the Commissioner proceeds TO select those who
are liable. The names Of these are obtained from the
Directory from lists furnished by military officers and
others On and after June he adyertlses that claims
for exemption will be heard and the names Of those
having legitimate excuses stricken from the lists
which then sent from time TO time to the County
Clerk these lists being testified az correct by the Com
missioner. The Jury law OF 1870 makes the Commits
OF Jurors the judge OF their qualifications This
has always boen the CASE although 1t has not been dis
tncty specified. 1t also Furnishes all who NEEDLE ille
gay with jurors 1t cOnfers the Judges alone power
to compel persons summoned jurors to attend before
them and receive punishment for falling 70 respond TO
the call OF the Commissioner Of Jurors. The Commits
soner claims that the fact that panels OF 100 each
are drawn when onyl2 jurors are actually required,
provides against the admission OF persons who
may DO incompetent TO serve or who may have
become exempt from any cause. Juryman must
have $3.50 worth Of property TO be legally liable He may
DO reduced to poverty change his residence be drawn
Grand Juror, be appointed to city Office or be
gagged Juror another court and thus be exempted
OF the 25000 names annually collected by the Commits
sioner, not than Is 900 $1,000 those Of
who actually hable and the status Of these is
stantly changing II is safe 10 that 80 per OF
liahla duty becOme EXEMPT from Yarinna