The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-05-03


!, S.AT|.JIJRD[.A.Y q Y MORNIN
i listened TO the evidence aud arguments nd
II dEced on the tria1 carefully. apd cane It,
the verdict rcndefed on those alone. -
= Then follow t'fea substantial portions: d
4 the statements OF Messrs. Doggert, Chan
i cellor. Dickeryon, and Cole,f published 81
4 length in this paper within the past three
4 DAYS. 1:s 3. 30 lztss -; 4--.f %: @s,si
4 Alfofthe circumstances, sol5 the relations
between u .gst.l b lj.rE.it,,. :. s.sl;it.se :.
i zr THE PRISONER AND THE JUROR, +
\ repel the idea that his case was preiudiced
by any opinion previously conceived by
him Of 1T, aud looking over. the. whole case
! am satisfied that no Injustice has been
done him by any such opinion, IL he had
one. Without. stating the facts Of all OF the
decisions in Virginia on this point, will
simply state q few to show the rule IS laid
1 down by our Supreme Court.
In Smiths case e Virginia Cases. g., after
verdict OF murder in the second degree,
the prisoner moved the conrt.to giant hm
4 q new trial on the ground that one OF the
I
4 to him. which was unknown to him until
after the trial. ft @as proved by two re-
! spectacle witnesses-oHe that he bad beard
4 the Juror remark OF the prisoner, :" Damn,
him, lie ought to be hung" and the other
that he had heard bin say "that the pri-
soner entertained malice against the de-
I ceased for several years past, and that his
offence was murder in the first, degree aud
ought TO be punished as SUCH" The Su-
Derlor Court refused the new trial on this
ground, and the General Court refused to-
award the writ, Of error to this Judgment.
In kennedy's case, Cd Va. Cases, $40. il
was proved by witness that Just half an
hour before the court sat to.try the prisoner
for.raDe one OF the jurors was heard to say
s'that Kennedy was v... ~
DooMED FOR THE PENITENTTARY; -,
that he would go to the .penitentiary II he
ever attempted TO commit rape" 1t is
true that the juror in this case denied having
expressed any opinion; but the General
Court said, taking the affidavit as true, it
was no ground for new trial, and referred
10 the principle ms settled in Smiths case,
supra. -..| -. ' .s'.-
In Browns case, Cd Va. Cases, ZIG, the
Juror was charged with aud admitted after
the verdict that he had made up and eX-
pressed an opinion of the guilt OF the ac-
cused before the trial; but as the Juror
swore that his Judgment was not Influenced
on the trial by the reports he had previously
heard, but that he was governed By the tes-
timony only, the court below refused to
grant a new trial on this ground, and the
General Court affirmed the Judgment.
These cases have been followed by an
UNBRoKEN CHAIN OF DECISIONS
| Ia non A,,5 IN U;,nr;r;,, on5 ~,
dustry OF the counsel have referred me to
none. in or out of it, in conflict with the
principles laid down in them. Without
protracting this opinion further to state
them, I will simply refer to them. They
are Poorc's case, I'd Virginia Cases, 474; !;
Heath's case. l Rob-; Hughes's case, s
Rand; Jones's case, 1st Leigh; Haistock's
case, I'd Graft; Curran's case, 7 Graft. !;
BristoW's case, Is Graft; Shinn's case, de-
cided only on yesterday. In every one Of
these the causes assigned for the motion
were much stronger than in the case at bar,
and to grant this I should be violating the
principles established In every one OF them
without single authority TO sustain ME in
doing so.
The PolE.Tax Question.
The fourth ground ASSIGNED Is, "Because
two of-the jurors from Fredericksburg
to wit, j. E. Woody and George Fl. Peyton,
Jr.-were and are not competent jurors ac-
cording to the Constitution and laws OF Vir-
ginia, in this-to wit, that neither they, nor
either OF them, are or were entitled to vote
OF hold office in their respective corpora
tions at the time they were sworn upon and
acted az jurors in the trial OF said cause.''
The basis OF this objection will be found in
article 3. section /, OF the amended Consti-
- ba Sfofo nd Io ot ~ ,txr
TO carry the same into effect. The first will
be found in the Acts OF 1S66-'67, page 402.
and the latter on page 2S1 OF the same book.
The section referred to provides that "
''"si EVERY MALE CITIZEN
of the United States twenty-one years old,
who shall have been a resident OF the State
twelve months, and OF The county, city, or
town, in which he shall apply TO vote three
months next preceding any election, and
Shall have paid to the State, before the day
OF election, the capitation TAX required by
law for the preceding year, shall be entitled
to vote for members OF the General Assem-
bly and all officers elected by the people,
exceptions, which it is useless to enumcrate. }
|. Section 9. "All elections shall be by bal
lot; and all persons entitled to vote shall be
chsible to any Office within the gilt OF the
people, except as restricted BY this Consti-
| tution." ....
Section 3,;,tt All persons entitled to, vote
and hold office, and none others, shall be
eligible to sit as iurors.H u -.
1.-The only reason shown by the proof. or
alleged. of the incompetency OF these iu-
rors, is that at the time Of their services as
such in this case they had !; / ~ -.
w.. NOT PAID THEIR CAPITATIoN TAXES &" '
ffor 1878, and it. is admitted that this is
without deciding whether :or,;nrIoctit this
oBiechon'had been taken in time it would
prevail, 1! am satisfied tbatl1t comes too late,
when made for,the first time after verdict.
tSection 20 Of chapter t5S OF the Code Of 1878
l.provides that 'eno exception shall be al
llowed against, any Juror after lie is swerD
upon the jury on account OF his age or
other legal disability, unless by Ieaye OF the
Court,:;'' and i think this section is coneIrl-
sive OF this question. It is argued by the
counsel for the prisoner that, because many
OF the provisions OF the chapter OF the Code
in which this section is. found apply to civil
cases !; because the provision is not found in
| the new Code OF Criminal Procedure, and
| because section "a OF the same chapter says
"Nothing contained in the preceding sec.
tions shall apply TO the empanelling OF
JUrlEs IN CASES OF FELoSIHs,
/ but the Jurors shall be called, chosen, and
sworn for the trial Of every case OF felony
] according to chapter 202, concerning juries
in such cases." said chapter 202 being now
l emhracsd in the. Code OF q CFIninai Pro