Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-10


Ing machinery.
Getting n Jury in l.saiteauss Case.
The question OF Jurisdiction in Guiteau's case.
that has been a fruitful source OF discussion
throughout the country, is now supplemented by
the doubt raised whether a jury can be obtained
in the District OF Columbia to try him. A para
graph is afoat in the press to the effect that Judge
Nylie has expressed the opinion that jury can
not be tmpanneed to try Guiteau until Congress
alters "the law In force here, which disqualifies
any one from serving Oh jury in a criminal case
who has formed or expressed an opinion as to the
guilt OF the accused or read any newspaper discus
sion of the subject" This paragraph induces the
editor Of Il Cincinnati paper to say that IL there Is
any law or usage IN the administration OF the law
tat prevents the punishment of Guiteau, the
'o1er he is waited upon by vigilance committee
tie better. II Is quite certain that Judge WyIie
has not been quoted with exactness in this
report u would appear from Judge Wylies
ratings as criminal Judge that he holds that
III IN who has not formed and expressed inf1exi-
Bile opinion on the subject OF the guilt or innocence
OF the accused Is a competent juror, nOtwithstand
Ing ne may have read any number of newspaper
articles on the subject; that the simple question
Is: Is the juror st the time he Is examined in
fair condition OF mind to weigh the evidence, and
render an impartial decision? 1t sometimes hap
pens that vague impressions have been made upon
the juror from reading newspaper articles, but II
these impressions are not sufficient to warp bis
mind 80 as to unfit him for an impartial discharge
OF his duties, such impressions do not disqualify
him II would appear, also, that Judge Wylie does
mt hold that man is disqualified from being
juror simply because he has expressed opinion,
as that expression may have been in the way of
Jest. The law reads that those who have formed
and mot ''Or'1 expressed opinion are disquar-
fed
The qualifications for jurors in this District are
prescribed as follows: mo person shall be compe-
tent 10 act juror unless he be citizen OF the
United States, resident OF the District, over
twenty-one and under sixty five years OF age, and
good and lawful man, who has never been con-
victed Of felony or misdemeanor involving moral
turpitude." The statute exemptS from service as
jurors ali executive and judicial officers salaried
officers OF the United States government, commits
scners of police, those connected with the police
and fire departments. councillors and attorneys
at-aw, ministers OF the gospel and priests of every
denomination, practicing physicians and surgeons,
Keepers OF hospitals, aSylumS, almshouSes, and
all other charitable institutions created by or
under the laws OF the District, captains and mas
tiers and all other persons engaged vessels navi-
eating the waters OF the District, and keepers of
public erries.n There is no statute law here as to
the competency of jurOrS-that in force being the
common law and what custom and usage have
made. 1T IS the theory OF the law that a Juror
must go into the box with an impartial mind, free
The evidence. The rule as laid down by Chief JUS
tire Marshall in the trial of Aaron Burr that no
one Vino had formed and expressed an oninion as
tothe guilt or innocence OF the accused was COM
petent 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 en-
hghteDed sense possible, and in Judge Crawfoni's
time, IN the case OF Herbert, who killed Heating at
NtIrd's Hotel one juror was impannelled |
on the third trial (Which resulted in |
an acquittaD who had on the first |
tn II heard the evidence, 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 II the answer be affirmative. the next !
que-tion is: ''Was that opinion formed from the
facts and testimony, or from rumOr?" II the Juror
answers from the facts and that he has still that
opinion, he is told to stand asile. II the Juror
answers That his opinion amounts only to i'm
prertons which would yield to facts he is declared
competent.
The latest ruling on the subject was made in the |
case OF Bedford, Queenan and P1nn, convicted of /
the murder of young Hirth, decided in the General
1erfl- Judge Hagner'S ruling, In deciding a Juror
Competent after he had stated that he had an |
opinion, but that that opinion would NOT prevent |
MIN from rendering fair and impartial verdict, |
on the evidence adduced, was excepted to and |
went To the General Term. The ruling was |
sustained in the General Term, and doubtless Will
be the rule hereafter.
In the case of Guiteau, 1t will of course be diff
cult II not impossible, to find jurors who have not
1orfnsd and expressed an opinion I'm regard to the
assasn&tion OF President Garfield, but it is prob
able thst If further questioned, q sufficient num-
Der for JUN duty could be found who would be |
able to give an impartial verdict ON the evidence
and law, as to malice, insanity, etc. But I'm any
event, the task OF getting jury In this case Is
likely To be protracted one, and the need OF some
legislat ION IN the matter OF jurors qualifications
In this District viii present itself to Congress at
the coming session with peculiar force. In New
York state the common law In regard to Jurors
has been amended so that Intelligent men who
read newspapers. and are capable OF forming and
expressing opinions are not ruled out OF the Jury
box similar law, Iiberalizing the common law
rule Il needed here. Such a law would not be of
an eI posi- Iacto character because 1t would not de-
Clare that 10 be a crime after its passage which
Was ali innocent act before, but 1t would merely
afsst the method of trial, which Is a matter al
ways In riseN power OF the legislature under the
Constitution.
The republicans have made gains I'm Maryland
wheh, while not threatening democratic as
tendency in the state, VIII put the party on its
good behavior. The legislature, which for some