The Leavenworth weekly times., 1879-06-05
MOB LAW-THE REMEDY.


Now, while the community is yet sgi-
lated because of the terrible tragedy at
Ea.ton last Wednesday night, is very
opportune time to discuss the best means OF I
the unfortunate state OF public
sentiment which makes such occurrences
possible. Morslizing upon such affairs,
and delivering sermons upon the evils of
mob Law, will not prevent the recurrence of
acts OF violence Of this character, so long as
there is not at least q re reasonable probability
Of a man guilty of crime b.ing punished BY
the courts.
The seat OF the evil ref, rred to Is not TO
be found In the conclusion that men are
growing worse, and that they have less
respect for law and justice than formerly,
but in the fact tha, the customs Of our
courts have rendered the administration of |
justice, in many cases, farce and hollow |
mockery.
In this age OF free Newspapers ald the |
general dissemination OF information,
whenever a great crime Is committed every
man in the immediate vicinity, with intel
ligence enough to be competent iuryman,
reads all about tue affair, and cannot help
forming an opinion. This, according to
present usage, renders him incom petent to
serve as Juror, and the important duty Of
trying criminals must therefore be relegated
to ignorsmusses, who would not be trusted
by any prudent man with the adjudication
OF q case involving five dollars, or else to
friends OF the criminal who are willing
to periure themselves for the purpose of Sc
curing seats upon the jury. In either case
there is no hope OF justice, and the trial is
simply disgusting farce.
As long as this continues to be the case,
the community may expect to be shocked
every now and then by just such horrors as
that at Eas:on. Men have no faith in the
courts as means of furnishing crime, and
and hence when they believe a man guilty
they lake the law into their own hands,
and administer punishment swift and sure.
| We are glad TO be able to record the fact
that there has been considerable improv-
ment of late, in cur coUrts, in the matter
here referred to, but there is room for a
good deal more reform. A mans opinion
should have no weight in the matter Of his
competency as jurymar, unless sccompa-
MED by prejudice, and when an intelligent,
disinterested man is called, the only ques-
ton asked him should be, "Is there aGy
reason why you could not render verdict
according 10 the evidence producsd?' If
man is prejldIced, he should be set aside,
but disinterested party, who has an Opin.
ion Of the prisoners gIilt or innocence,
based upon the reports that he may have
heard or read, should be competent. to serve,
and his opinion should not be considered an
objection, to- un,eas he has personal feel
ing in the matter that opinion will he i'm
mediately changed, il the evidence shows
him that it is incorrect.
| A man who does not read the newspapers
in this age Of the world is not fl, to be a
juryman, in any case, and one who reads
the papers canuo; fail to form sn opinion
concerning a crime Of any magnitude that
may be committed in his community, for
the papers will report all obtainsbie facts
in connection with it; but if he has no per-
sonal interest or feeling in the matter, this
opinion ought not, and in fact does not,
make him any less competent TO be a Juror
in the case, tn an if lie had never heard Of
the matter. The courts are, theoretically,
for the purpose OF administering justice,
but under our jury system, as too common
ly managed, they become, instead, mere
appliances for defeating the ends Of justice.
| The Court should exercise Its discretion
in the acceptance or rejection OF juror.
When the Judge knows a man to be ccmpe-
tent, he should accept him, regardless of
technical objections, and when he knows
one to be unfit, he should reject him, no
matter what degree OF ignorance and impaf-
TALLY the mans pliable conscience may
prompt him TO swear TO.
| Take the case of our own community,
for instance: Judge Crczie- knows nearly all
the men who will be presented as jurors; he
knows those who are generally unit, and ne
knows those who are there for the purpose
of securing the acq littal of some particular
,rty, at the expense OF no matter how
u.uch false soaring. All these persons ne
should pereru ptorily set aside, without Civ
ing them an opportunity to perjure them
selves, and he should cause the jury to be
selected from the honest, intelligent, men
present /, Dot permitting such to be ex-
cused b, cause of the fact that they may
know something about the case, and may
have formed disinterested opinions IN re-
gard th, reto.
In short, the complexion OF the jury
should be deter mined more By the good
Judgment and common sense OF the court
in the interests Of justice, than by the legal
quibbles and tee Luicalities resor.ed to by
attorneys for the purpose OF defeating jus
tice. When this shall be done the people
will have a reasonable hope that criminals,
will be punished by the courts, ard We
shall then have occasion TO record fewer
exhibitions Of barbarism in the form CT
| L.