The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-04-24

Witnesses, and not by extorting the proc
from the witnesses upon their roir dire
There were, he said, certain question.
looking to the qualification of the juror
that could be asked upon his roir dire
put IT was clear that no question could
DE asked the juror OIL his r0r dire which
IN any way goes to criminate him, and
sui more which tends TO his discrcdit OF
disgrace. 1t was scarcely necessary tc
argue to the court the question whcthe,
participation in Il rebellion against the
United States was to the party discredit
or not. Such participation might not
De considered disgrace socially, but il
was certainly in the eye and in the terms
OF the law crime and disgrace. As
far back as Bacon it has been held that
upon matters of challenge for cause "the
jurors may be asked such questions az do
not tend to criminate them" In sup
port of this position Mr.. McCrady cited
authority from Salkcld, Archibolds 3
Criminal Pleadings, and the case against
baldwin in the First Constitutional Re-
ports, Treadway. The jurors, under
these authorities, he claimed, could not
be asked any question an answer to
which might be, in the eyes of the law.
dlscrcditab!e or dishonurable to them.
The jurors had been brought by the
United States government against their
Will, and when they came the reprcscn-
tative of the United States government
had no right to prove their disuualifica-
ton by any such inquisi orial proceed
ing, but was compelled to prove the fact
by witnesses.
District Attorney Northrop said: In
the ca. of Reynolds against tho United
States, the Chief Justice lays down ex-
nctly what questions may or may not
be put TO the juror on his uoir dire. The
Chief Justice, in delivering the opinion
OF the court upon the question of the dis
qualification of juror for cause, saws ::
10 make out the existence of the fact.
the juror who is challenged may be ex-
amincd on roir dire, and asked questions
that do not tend to his infamy and dis.
grace" l do not consider that those
who engaged in the late civil war have
incurred any such infamy or disgrace at
all which would estop the government
from putting this question.
Judge Bond-My judgment is that this
question does not come within the rule
as you state it. The application of this
rule does not cause the Juror to prove his
infamy or disgrace. Tie law says that
you cannot ask witness q question the
answer to which would criininate him.
and yet no one would hold for an instant
that witness could not be asked whether
or not he belonged to the Confederate
army.
Judge Bryant differ very materially
with Judge Bond on this question.
held .ha. :hc application Of TINT oati, il,
itself virtually disfranchises a free citi.
zen, and takes from him the highest
right of self:government, viz: the sittinr
on jury. 1t is total disfranch:semcnt
OF the citizen, and is the deepest disgrace
Judge Bond-There is no disgrace
about it. There is no such crime as re.
bcllion.
The test oath was then administered TO
the Jurors and the panel completed.
The United States Circuit Court was
convened at 10 O'Clock Tuesday morning,
Judges Bond and Bryan presiding. An
crowd thronged the court room,
ana considerable excitement was mani
tested concerning the expected verdict in
the case of the Unitc,l States VS.. Wm.
!Kt,err!lgan, who was tried on Monday
The jury were promptly in their seats at
10 o'clock, and after being called rem
dared Il verdict of guilty.
1he grand jury were then called and
were handed several revenue cases by
the district attorney. Before retiring to
their rooms, Judge Bond charged the
grand jury rs follows:
Gentlemen Of the Grand Jury-You
have been brought here from different
parts OF the State to consider such mat
ters touching the violation of the laws of
the United States as have been commit
TED IN ms district since the last term of
this Court. Your jurisdiction is limit
ed one. You do not sit rs the grand
Jury. Of the State Court does, having lu-
risdlction over all cases touching viola
tons Of the law, but your jurisdiction is
limited TO such cases rs are violations Of
the United States Statutes, chiefly Of
fences against the revenue laws of the
United States and the laws enacted for
the protection OF the elective franchise.
Respecting each of those classes of laws
there are alleged to be many violations
III this district, and great deal of public
excitement exists respecting the enforce
ment OF the laws of the United States re-
lating to the elective franchise. l want,
therefore, to caution you that whatever
feelings may exist outside of the Court
House, nothing uf that kind should be
allowed to approach the court room.
ou have taken a solemn oath that you
will present no one from envy, hatred or
malice, nor to screen any one for fear,
favor, reward, or hope Of reward. No
political bias or an effort to vindicate
your political principles should influence
RItf yr,1,,ta Oh 4 l.
be free from all prejudice and bias, yet it
IS equally true that you should do your
duty ienrlessly and enforce the laws of
the United States without respect to
what anybody may think. You have
been picked out from your fellow citizens
because of your we'll known good char
acter and good sense, and / desire that
you should vindicate the judgment of
the Court IN that respect by performing
your duty fearlcssly and impartially. II
to you that without the purity of the
ballot box in Republican country there
could be no good government. No mat
ter which set of men NAV pollute the
ballot'box nor what end they may seek
to ccomplish-whethe good, bad or in.
different nothing will Justify the tam.
pering with the ballot-box. This is one
instance in which the end never justifies
the means. One party may tampcr with
the ballot box to-day and may to- morrow
be defrauded of their rights by another
party. Once allow the sacred Character
of the ballot-box to be lost and the will
of the people can never be expressed.
1t is useless for me to urge this point
upon you, however, for the man who
don't understand that the ba!lot-box is
the Arc of the Covenant of the Republic
and that no impure hands must touch it.
can best be taught that lesson not by lee.