Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-11-14
Getting A jury in Guitcau's
Case.

The question Of Jurisdiction in Guiteaus
case, that has been a fruitful source of dis
cussion throughout the country, is now sup
plemented by the doubt raised whether Ju-
~ can be obtained in the District of Colum-
bia to try him. A paragraph is ahoat in the
press to the effect that jury cannot be i'm
panneled to try Guteau until Congress alters
''the law in force here, which disqualiies
any one from serving on jury in crimi-
nal case who has formed expressed an
opinion a. to the guilt of the accused or read
any newspaper discussion OF the subject"
This paragraph induces the editor of Gin
cinnati paper to saw that il there is any law
or usage in the administration of the law
that prevents the punishment of Guiteau, the
sooner he is waited upon bv a vigilance
committee the better. II is quite certain that
Judge Wylie has not been quoted with exact
ness in this report. 1t would appear from
Judge Wylie's rulings as criminal
judge that he holds that man who
has mott formed and expressed an infexi-
BILE opinion on the subject of the guilt or
innocence of the accused is competent
juror, notw outstanding he may have read any
number of newspaper articles on the subject
that the simple question is Is the juror at
the time he is examined in fair condition of
mind to weigh the evidence, and render an
impartial decision II sometimes happens
that vague impressions have been made upon
the Juror from reading newspaper articles,
but II these impressions are not sufficient to
warp his mind as to unfit him for an i'm
partial discharge Of his duties such impress
sions do not dslualfy him 1t would ap-
pear. also. that Judge Wylie does not hold
that a man is disqualified from being Juror
simply because he has expressed an opinion
rs that expression may have been in the wav
IL L.. ii.
formed and mot "or") expressed an opinion
are disqualified.
The qualifications for jurors in this Dis
trict are prescribed as follows: mo person
shall be competent to act as a juror unless he
be citizen of the United States, resident
of the District, over tweRtv-one and under
sixty-tive years of age, and good and lawful
man, who has never been convicted of felony
or misdemeanor involving moral turpitude"
The statute exempts from service as jurors,
AL executive and judicial officers salaried
officers of the United States government
commissioners of police. those connected
with the police and fire departments. coun-
sellers and attorney s-at-law, ministers of the
gospel and priests of every denomination,
practicing physicians and surgeons keepers
OF hospitals, asylums, almshouscs, and all
other charitable institutions created by or
under the laws of the District captains and
masters and all other persons engaged
on vessels navigating the waters of
the District, and keepers of public ferries"
There Is no statute law here rs to
the competency of jurors-that in force be-
ing the common law and what custom and
usage have made. Ii is the theory of the
law that juror must go into the box with an
impartial mind, free for such impressions as
may be made upon il by the evidence. The
rule as laid down by Chief Justice Marshall
in the trial of Aaron Burr. that no one who
had formed and expressed an opinion as TO
the guilt or innocence of the accused was
competent to sit upon the jury is regarded
as the Law. Our judges have. however,
been in the habit of constituting this rule in
the largest and most enlightened sense posi-
bic, and in Judge Crawford's time. in the
case of Herbert. who killed Heating at Will
lards Hotel, one juror was impannelled on
the third trial (Which resulted in an acqut-
tall who had on the first trial heard the evil
dence, and was firm in his opinion AS to the
guilt of the accused, but who had not heard
the testimony in the second trial nor what
was to be offered on the third. The general
custom in our courts seems to be. first to ask
as to the formation and expression of an
opinion. IL the answer be affirmative. the
next question is: WAS that opinion form
Ell from tue facts anu testimony. or from
rumor ?" If the juror answers from the
facts and that he has still that opinion, he is
told TO stand aside. Ii the Juror answers
that his opinion amounts only to impressions
which would yield 20 facts he is declared
competent.
The latest ruling on the subject was made
in the case of Bedford. Queeuan and Pinn,
convicted of the murder of Young Hirth.
decided in the General Term Judge Hagner's
ruling, in deciding juror competent after
he had stated that he had an opinion. but that
that opinion would not prevent him from
rendering fair and impartial verdict. on the
evidence adduced, was excepted to and went
to the General Term. The ruling was sustain
ed in the General Term. and doubtless will
be the rule hereafter.
In the case of Guiteau, ii will of course be
difficult if not impossible, to find jurors who
have not formed and expressed an opinion in
regard to the assassination of President Gar
field but it is probable that if further question
I'd, sufficient number for jury duty could
be found who would be able to give an I'M
partial verdict on the evidence and law, as
t. malice. insanity, etc. But in any event,
the task Of getting jury in this case Is likely
~ be 4 psotracted one, and the need Of some
legtslakiea g Ah1Do11eE Of jurors quaiifca-