The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1880-09-28

nearly alike in this respect. Itwould seem
that the city authorities had right to pre-.
vent the importation of anything that
would thus bring disaster, directly or In
directly, to nearly the entire community,
but such is not the case. Some time
ago a law was passed in the state
of Missouri prohibiting the importa-
ton of Texas cattle. This law was
tested in the Supreme Court Of the United
States and pronounced unconstitutional.
The Illinois law in this regard, being SINH
lar to that of Missouri, must therefore be
likewise unconstitutional. Hence the city
authorities are quite powerless in the mat
ter, and the owners OF stock must guard
their own interests as best they can under
the circumstances.
As we stated several days ago the case
of Mrs. Whitcamp for the murder of her
husband has again been postponed, and in
this connection we may take occasion to
comment on two reasons why so few muir
derers are punished. These reasons are,
first the readiness with which courts grant
contlnuances in murder cases, and, second,
the absence Of strong aggressive sentiment
against crimes of violence. 1t is doubtless
the case that by continuing cases from term
to term the witnesses for the prosecution
become scattered, and their testimony lost.
We also have an idea that in community
where the taking of human life is re-
garded with comparative indifference
both courts and juries are apt to deal len
iently with murderers. But this is not all.
The law which permits the criminal to Sc
lect his own jury is the chief source Of es-
cape Of murderers. OF course, the accused
party doesn't have the privilege of naming
the men who are to try him, but the rights
that he does have almost amount to that
privilege. He has SO many peremptorY
challenges, and under the present ruling
of the courts no man can sit as juryman
in a murder case who has formed or eX-
pressed an opinion or has an impression
about the case. The result is that very
| few intelligent men are found on juries in
murder cases. Very nearly everybody
reads the newspapers, and all the leading
facts of murder are published almost i'm
mediately after the criminal is committed.
If there is an inquest and preliminary
| examination, the testimony Of the witnesses
and all the various speculations and COM
ments appear in the newspapers. Only
those who do not read the papers or who
haven't sufficient intelligence to compre-
bend the facts when they hear them dis
cussed, are without opinions or impressions.
From this class therefore, under the pres
ent practice of the courts, must Jurors in
murder cases be drawn. Such men are not
qualified to form an intelligent opinion
upon any matter Of importance. They can
not comprehend the facts or the law, and
are unable to reach a correct conclusion.
It is with some reason, therefore, that we
may call murder trial nowadays "pure
farce" We could, were it necessary, refer
TO murder cases which have been tried in
Cairo that could be called nothing but q
"farce," but we deslst from referring to them
by name-not because Of any fear of the
parties interested, but for much better
reasons. We think that the people are be-
coming very tired of bearing the expense
of such trials, particularly as their results
are so unsatisfactory and as remedy we
would advise the enactment of law au-
thorizing any man to act as juror who
has no prejudices against the accused per-
son and who has no settled conviction as to
his guilt or innocence. We don't think
that juror ought to be rejected because
he has read all about a case, and has a
simple impression that the defendant is
guilty or innocent. But as the lawyers
make the laws in Illinois we think it will
be good while before we shall have d
change IN the laws governing the selection
of Jurors in criminal cases, and for many
years to come, the juries will continue tc
be as putty in the hands of shrewd lawyers
|
FINE COW