The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-04-22
An important Decision.

At the recent session of the Circuit Court at
Yorkyille, Judge Mackey rendered an lmpor-
tant decision relative to the competency OF
Jurors who cannot read, ia cases where an ex-
animation of documentary evidence by the
iury is required. Judge Mackey assigns excel
lent reasons for the decision, which will prove
of great practical value in many instances.
We copy the decision from the 1orkville En-
quirer: - -,
Tn the trial of an issue of fact, involving the
examination of written or printed instrument,
it is GOOD ground of challenge to juror shat M
he cannot read. The fact that clt1zen uuly
drawn as juror cannot READ woulu 1os ~ o'H -
oualify him to serve as such, out "ou!u ~ w
impair his competency in the sPeclat, cass
stated. A juror may be unao!e 10 leae' anJ
of rraat mental vigor. The only mental quail
;Acetion prescribed by statute for jurors is that
NOV shall be s'persons of sound Judgment"
Rmt if the Judgment is to be exercised IN the
ayamination of a written instrument, the only
svenue through which it can be certainly IN
formed is closed to him who cannot read Its
contents. Thus the; case presented for the con-
sideration of. the jury may arise under an IN
dictment for forgery, and the defense may be
xhot the narty whose name is alleged to have
heen forged to the note or draft in question
authorized the accused to sign his name there
to and the accused may thereupon present III
evidence the written authority, alleged to have
Seen executed by the person whose signature
he is charged with having forged, and may
adduce letters admitted to be in the own proper
HANDWRITING of such person, in proof OF the
authenticity of the alleged authority TO sign.
Clearly. in this case, the verdict would turn
upon the identity of the writer OF the ietters
and the writer of the alleged authority TO slgh'
and also upon the further question, wnether
the terms of the latter did convey the power
to sign. The jury, in such case, must rest thelr
judgments upon the writing. themselves, the
authority to sign being denied. This class OF
evidence will be to juror who cannot read as
if il did not exist. So in a case of libel, where
tho ;urv are the Judges Of the law as we'll as
the facts the offense consists IN the writing
and publishing of false, scandalous and mall
cions statements, &C. The alleged libel must
bc set ont in its full tenor and terms If the
i,Jror cannot read, and if he is to repose his
Judgment upon the alleged publication as reao
in court it follows that his verdict must rest
upon the credence that he gives to him VINO
reads. and not upon the writing itself. -, Why'
therefore, does the law require that the lloeious
writing itself shall be produced before the jury,
and that they shall judge of the facts, and
whether, as proved, they constitute libel un-
der the law? >,
If will be admitted that total deafness would
Be good ground of challenge IN case % wnere
the testimony is oral; and yet written testimo-
nv is to the man who cannot read what
oral testimony is to the man who cannot near.
Tn tile case before the court, therefore, involv-
i,,o the examination of written instruments IN
evidence, the jurors who cannot read will be
excused.
Under the above ruling other juries than the
original panel were drawn; and it is but prop
er to say that during the present week OF the
term the iuries who served are more competent
than any known in this county since recon-
struction.