Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-07-07
JURY ABUSES.

Persons OF a reforming turn of mind no
unfrequently call attention TO the defects o
the jury system, and sometimes propose tc
abolish it altogether. Before such a meas
ure is adopted toward system our ancestor.
have, tor centuries back, regarded so favor
ably, it would be well to be certain whether
faults attributed to the jury system may moi
often, or indeed generally, be the results o.
abuses connected with our way of carrying
out the sy.tem. The New York Tribune Of
Monday has an article showing that mos
serious abuses do exist. The article shows
that the city directory and the jury roll Of
the previous year are the sources used in
making up for the courts lists of persons liza,
bic to perform jury duty. The persons are
summoned to appear and show cause, if any
why they should not be put upon the
| jury list. Those who have claims to ex-
emption are taken off the lists. This does
not prevent them, however, from be-
ing summoned at another term. The
fee for serving jury subpoena is thirty-tve
cents. As others have to be summoned in
lieu of those who are ineligible or prigi-
legged, the more that are excused from the
lists the more have to be summoned, and the
more thirty-fve-cent fees are earned. The
list is finally submitted to the judge, who as
matter of form approves it, but he knows
nothing whatever about il; that knowledge
lies with deputies and assistants who have
their ways of making their knowledge pay.
Lists are next made out from this main list
aud sent to the county clerk to be put in the
wheel and drawn. Those who make out
these lists, to a certain extent, select the men
out of whom shall be selected the juries of
any particular term. The county clerk
really knows nothing of what names go on
these lists, but his deputy and the deputy's
assistants do. The judge who approved the
main list is present at the drawing of the
panels, but he knows nothing of the actual
proceedings going on; he trusts to sherifs,
county clerks and the rest. His super
vision is a mere legal formality. Corrupt
deputies or clerks can draw the names they
wish in a given case, where it is made worth
their while. For instance, a package oil
names can be made up of landowners, or
railroad deadheads, or clerks, or contractors,
or men whose surroundings, interests and
occupations would insure given way OF re-
gsrding the question at issue in particular
trials. This package has a slight elastic
band round it, and the names are drawn
from that package as the wheel is turned,
one BY one. Those who are supposed to
superintend the process are chatting or other
ways engaged while this operation is qnietly
and skillfully performed. In making up
iuries the Judges. are satisfied if they make up
three OF twelve men each out of a panel oil
a hundred. Sometimes many out OF hum
bred do not answer to their names. IL the
officials are asked why, nothing can be got
from them; swindles are often at work. Men
who hang about the offices can be got TO
serve jury notices without pay; when bust
ness men to whom time given TO the jury
is a loss shows their annoyance, they
are made to understand that "the thing can
be fixed" without having TO pay the fine OF
$50 to $3.50 for not attending, and the notice
server profits by the fixing" In future the
fixed" party is occasionally summoned
again, he knows how to get off and remains
a source of future income. Persons who
cannot afford to ak" are therefore those
who have to lose their time. These things
have occasionally been detected and officials
and assistants discharged, but the thing goes
on. There are many professional jurymen,
often quite honest persons, who, being
weakly for having no means of making liv-
ing, apply to be put on the jury lists at in
tervals, and so manage 10 exc out living.
This lie how things work in New York city;
in some other counties of the State the ar
engagements for jurors are less liable to abuse.