New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-19
THE CIRCUIT COURT JURY PANEL.

THE CIRCUIT COURT july PANEL.
The new jury law, SO far as it has beer
tried in the State criminal courts, hal
been highly complimented by all classes
Of people who are SO fortunate as to b
accorded q hearing through the press
But as the State has no political prison
ers to try, only poor rogues, who have
taken to career of crime without being
instigated thereto by those who strike al
something higher, who have their eyes on
the reins of government, perhaps thell
case does not present fair test OF the es'
timation in which the new law is held by
the people Of this city. The old proverb
states case in which good opinion OF
the law is held to be without precedent.
So it would appear with regard to our
new jury law. So long as it is invoked to
rid the community Of persons who have
no friends, no aiders and abettors, no
one who relies upon their peculiar talents
for successes in future operations, it is
found to be very good law indeed But
there has been recently discovered rough
side to this same much applauded enact
ment Doubtless it has q. tendency to
convict the guilty by excluding unworthy
persons from the panel. The exemptions
are but few. We believe the courts hold
that there really are none, though rules
will be, or have been, adopted to exempt
those in the public service and few
others. No pay is allowed, which abol-
ishes the business of professional juryman,
seeking employment the year round with
tacit understanding with some Of the
members of the bar that their clients are
always to be found not guilty.
Under the operation of the old law, the
Judge became dwarfed into person Of no
great consequence, while the Witnesses for
the defense were merely depended upon to
furnish some sort of decent excuse for
releasing murderer upon society, whose
enlargement had already been agreed upon
by those who had the last word in the
case Some of our people are, therefore,
we'll pleased with the new jury law, so far
as it applies to persons on trial for sins
they have no mind to, but find it disa-
greeably in the way when they attempt to
compound for those they are inclined to.
About one hundred respectable citizens
were recently drawn as jurors in Grim
inal case about to be tried before the
United States Circuit Court. Since the
day the drawing took place, Messrs. Flan-
ders and Clay, Judge Durell and one hun
bred candidates for very disagreeable
position-that of juror in a protracted
trial-have been on sort of trial by
newspaper courtmartial There has been
no concern expressed about the guilt or
innocence of the real prisoners. Mr.. Flan-
ders' politics, and Mr.. Clay's zeal as
party man, are matters Of much greater
moment at this time than anything the &C
cused parties from Grant parish may have
done more than year ago. One paper
complains that there is great preponder-
ance Of colored men in the panel. We
do not know, nor do We care whether this
is true or not. 1t is fact, if it be one at
all, which bears no relation to the main
question: the duty of the courts to punish
the wicked and protect the innocent. We
have nowhere seen it alleged that single
person whose name appears in the panel
drawn by Messrs. Flanders and Clay
would bring in verdict against an in
nocent man against the law and the evil
dence. Neither is such a charge implied
against them or any Of them. The two
who are well said by the |
Picayu1ae to be Of every respectable posi-
ton and character" are not accused of |
presenting ':jury organized to convict,
but the corr elative idea, that they are not
organized to acquit, comes to the front
with irresistible force.
We have avoided, as much as possible,
my discussion of the merits Of the case
before the Circuit Court, which resulted
ew weeks ago in mistrial. Had we
oeen SO disposed, we could have an
,ounced the verdict days in advance, had
We listened to the confident predictions of
prominent and intelligent men. 1t was
'ery common thing to hear the assertion:
That jury will never find verdict Of
,uilty" And it did not. The press, in
.luding the REPUBLICAN,, withheld all
on that occasion. To use the
words Of celebrated lawyer, in another
natter, it carefully restrained its senti-
nents. Not from any consideration for
he jury, but so far as this paper was con-
erned, in order that the men, who we're
'laced in q critical position, should not
uffer from prejudice. Of course, We
hall continue to observe this rule, as long
S possible, But, if Messrs. Flanders and
lay, and Judge Durell and the jurymen,
re to be arraigned before the bar Of pub
c opinion for the manner IN which they
ave discharged their onerous and solemn
uties, we shall feel it our duty to defend
hem in plain words. We have seen too
ouch of this transposition Of parties in
ourts of justice, with the officers of the
NV virtually placed in the prisoners box,
nd the accused turned prosecutors.
AS for the intimatien to Judge Durell
hat he should have learned caution by
Experience, We can only reply that the
tack made upon him by ambitious ana