The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-08-06
: .Uni,cd state. District Court.

fOt OtGAyLsaNootso .. D[you 4EeHiuluB.
osptAih IW. E. Earle, aotiqg District
lAtpNTney. begged leave toy faw the IT,
I;tanston OF the Court in regard to the
4rEof Congress passed i9 regard ~
disqualification Of jorors,i &c. = Il
Judge Bryan delivered bis opiriou
in clear and deliberate manner He
said be desired to suy word to the
general public in regard to the Act uf
Congress, and that there migh! h,
| those who think it a hardship that
those who canuOt read nor write should
not be permitted to serve as jurors.
Ike viewed the privilege not only as u
distinction; but as having pecuulary
advantages. It was al office coupled
with IL duty, aud he held that no nun
ouSh. tn hold nn Office he wus not Gu.
pablc uf ii!iug. He said ihhut every
juryman was q jndge--sutstantivc in
divitlnal judgn-and il was expected uf
him that h. should make up his 1udg.
ment in tho matter submitted TO him,
80 as to do impartial justice to ul par
ties. II cilled upon to pass ou bond
or note, he should be able to read i.
for himself, and pass upon it, aud mol
bs co.lpolled to deppud on his ueigh-
Dor to form judgment whether the
note be true or counterfeit. he
held that il there wus one distinction
between an American and another citi.
zen, if he cuu't do the duty of an Office
he cannot ill, he ls an aristocrat. He
said that to the native and foreigner.
to the white nnd colored man, this law
was based on equal right, founded on
equal duty. and ND matter whether he
was Republican or Democrat, IRISH
man or American. if he could not rant1
nor write fur himself the note, boud or
libel. lie is not 90 titled to sit az IA Juror.
He said that the law WAS not based on
color, or party. or section. but on
equity; thnt Il man who GOULD not ill
the Office cannot do tho duty or take
the pny. Ho said lie sas there ~ the
exponent OF the law, al the represcuta-
tive OF the country, ~ tue minister of
the country, and hs felt it to be his
duty to speak in all honesty, without
having any selfish motives in view:
and although it might offend some. be
thonght it righteous and al indis-
pensahle law. He said that parties
coming into Court expected to have un
intelligent trial, and to find honesty in
the jurybo1. He said that one Jury.
man could prevent y trial or conviction
in criminal and civil trial, and every
Juryman waa an Independent Judge, a
final Judge. and tho United States tx.
poets to have an intelligent jury to pass
upon cases. He hoped that bis bre.
thren, without distinction az to color
or caste, would look upon this AZ IA
Republican law, for it was the desire,
m tfnr |, az T.,
South. East or West. TO have intelli-
gent lurymen everywhere He auid
that no man should undertake to be n
lawyer, q judge, barber, shoe
maker, unless he wa capable of dis
charging the duties Of his profession,
and, if incapable. he should not take
pay for his services, holding that no
man should require pay for services he
could not perform, and he held the
same as to juryman. The Court
pays for work. for duty performed,
and he held that the County should
not pay man for what he cnnnot do.
He asked il it was republican or demo-
cratic to do 30. aud if one held any
other doctrine, he WAS nsurper.
After some further remarks as to whv
Congress had created this law, be said
that the Government of the United
States desired to secure justice to all
Of its citizens, and has wisely enacted
that no man shall sit on o jury who
| cannot rend bond, note or libel, aud
any man who cannot comply with the
requirements OF the law, ought not to
pretend to sit in q jury-box. AS one
proceeding from the Republican party,
the duty is denied. and in doing so, it
IL done in no other feeling but that OF
friendship. and when it is denied, it is
the demaud Of justice and if citizen
from Kentucky. Indiana or Illinois
came into this Court. it was expected
to give all parties Justice. He said he
had carefully considered the matter,
q hoped that 70 ono in the sound of
hi> voice would complain il denied to
discharge an Office he cannot perform,
~, If not capable. they were not enti-
tied to the right.
Several jnrymen who could not come
up to the requirements of the law were
compelled to step aside, and an order
passed to summon others.
TIE New THgArRE The work on
tho new theatre, in Meeting street, is
being pushed forward as rapidly as
circumstances will permit. The walls
have reached fifteen feet above the
level of the ground, and II large force