Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-12-05
"V. ""
Some IncOnveniences Attend
ing Felony Trials - Keeping
Jurers Together Unnecessary
I'm Most Cases - Discrimtna-
ton, rs to say, Against Jurors
In Felony Cases, Ne, NC,

Correspondence oi The RcsiS''t'
| shall not to surprised IL the critics
consider the purposes OF this article too
unimpurtant To be brought tn the atten-
ton al the legislature admit they are
no, ol paramount import to the com
munity or Ia the conscript-tathers, 80
called, who. in January, will takcchargo
OF the States welfare. hut whoever has
shared the unpleasant experiences,
which attend felony trials, will not dis
,utc NV assertion that there are some
cohwcbs, spun by the spiders oi tho
past, which W. may sweep away H"h'
uur court proceedings, with very mani-
(,,l advantage To- everybody.
II has long hcena principle OF criminal
Jurisprudence that u jury once sworn, I"
make true drlIvercnce' III cases where
the State aud the accused have joined
solemn issue. should've allowed no com
municatiun with any one. Indeed, tins
policy ofscgrcgation has been considered
So important, lii'N "h'h wv "''''b wv
der tho immediate eyo "i the court
Jurors in felony trial are placed III the
rus,niy ol a sworn officer, who IL forbid
den 10 allow them any converse or
rurrispoudcuce with friends or families
all this may have been very wise IN the
uldrn DAYS when nearly every offence
Was punished, capitally. Ii was, pos
sihlv. boon To- prisoner III the d"rk
ni the old Bailey that the jury selected
t. pass upon the question OF his lille or
death should bc guarded against any
possible control, which power might cx-
crt Ia ensure his doom. II may, too, III
| the earlier rstrugglrs against absolute
! powers have been the interest at the
| State To- keep its jurics from the growing
| influences u( those broad aud sturdy
! Augln.Saxun ideas which have crowned
the 18th century with the glory "I their
drvclopcmcut Bc this rs II may, We
! deal with the iact that our statute law has
! adopted the principle without qualltica-
| ton and mahri il the will .gnvCruingCNcry
/ felony trial. from the lowest iulonious
| larceny up To- the bluodicst murder
Lcl ne quote from the Code, See Il,
! Chap. l19
"Aitcr Jury IN u CASE "i felony is
| mpanncllrd and sworn they shall he
! kept together and furnished with sulla-
! bic hoard aud lodging lay the sheriff, ar
! other officers, until they agree upon Il
! verdict, ar are discharged by the court.
! The cNprnsrs thereof shall hc paid hy
the sheriff and deducted from the per
di,m allowance I'll the jurors. long
! line at rulings lay tho highest courts
have settled the meaning "l the words
| kept together. aud declared the strict
mess with whicha jury must hc guarded
| from ANY possibility, even, at contact
with outside Influences
am willing Ia admit that in any
case. involving the death penalty, or
Imprisonment lnr lie, II may he better
to- observe this old rule. Let the twelve
men who decide n question al such mo
mcut to- IN accused prisoner hc shield
Cd with anxious Prccauti"n against any
aud every influence which might affect
| their verdict. And yet am forced I"
! quality tins admission hy doubt
whether the rough hiyouac Of Il county
court ruOm, or the uuNCutilatcd, com
lultscs and confined limits al county
seat tavern are precisely the iurc"S
which elevate the minds at jurors, on
'h' one nA'i"' v" '"'''l''''' W 'n,''
responsiveness |" H'"'''.' W' "' Wv
"lll'r, al'uhs Ui'' '''I''s !" ''''' "''''S
Nhn'' "'S' ,''H''"'''' ''''' "'"'"" "''"
nh'''N "l"''s'
Once upon u time, men were hung
that iurymru might due. We have
| changed all that. The icruCIty al u
starved animal does not belong to the
modern juror tic II filled Lat his own
cost, however WIN hi'nc hoS'5 best
rf"\rldtT' A''u |" '''s INNOVATION upon
the ancient rue some growing CONSTR
waive may attribute w. inc large mum
her 81 ArHni'la's III felony eases h"'
ah diiIl''S I""n my l'""',' ""' 'Nt"
n"" mi"rr coming l." w. must MAKE
II preliminary frilarh. Inc hI!'hd Ju-
ri"s "i cnurn" only haNrrN'dch'c against
the accused; II iS Literally 90 F"H' amt
aN i'''' "'''v' u I" ",U''' ""' ~ ny, ~"
itH''"!"hS "' Tue "T''',' u "'"''''r"'
" ''';', I'''';''"'''' ,'"'''"ui "ir' Wv
"''E N""' Wv" VIM " VOC
- wv ""''l ."T ',''a" :, 49,. "'"'S' w
IT, M"'' ~ "' " WV ''"' W Wv ''"'t W.
,''a'' up I" ''' ',"'''t". W t''' N''"'''
I" "''s'' ""'"S' 'n' '"i'''' 'i."'s' 20"
''"'N ''t '''''"c,'' ""'' '"',''"t' VI 'nt
prosecution mus w 'r'ai Tor erau'
larceny which Is u i''nny, u may hr
shown hN me mann a''n only "'''rSS 'ta'
the offence Is SIMPLY pe"H larceny 4"
m'Sicm''""r ana YET the case III us
rM"Gt'Ss' ""a III me ""''s''''" I" H''P
the l"ttS l"E''''''' mas every "it',''"''
81 '''HhN case "i'''' ''' N''H''' re-
""''H " /" '"t TO-" Nv, EInu' CT ' ..'.
n'A'"f Vow 'n' I'''''"''S ana Moon
N'",'",', OF Ml'i'h l 'n!"l''"'n, li' III
tue 'AS'S loa' II Is requirement "' law