The south Kentuckian. [volume] (Hopkinsville, Ky.) 1879-1883, 1883-04-10
Wise Decision.
Yeouian.

Judge Jackson's declaration that
he did not intend to exclude iltelli-
gence from the jury-box," and that a
man who had read the newspapers, if
honest and otherwise qualified, was q
competent juryman, is worthy to be
recorded. II has been too much the
custom of courts to reject good men
simply because they had heard or had
read ex parte statements Of case,
and were familiar with the common
rumors in relation to it. This prac-
tice has excluded the best and most
intelligent men from juries upon the
false ground that they are so biased
that they cannot make just verdict
after having heard the sworn testi-
mony, and the consequence has been
that Ignorant incompetent, and prob
ably corrupt men, in many instances,
have been delegated to decide qnes-
tons affecting the welfare of society
and involving the lives and property
of individuals. Packed juries are
growing so common that in nine
cases out of ten when verdict does
not accord with public sentiment the
jurymcn are looked upon with sus-
picion, and their characters brought
in question. This oftentimes is un-
just to honest men, but it is oftener q
fact that the jury has been "packed."
Lawyers who make it n business to
select jurymen are common to al
most every county. When there is a
bad case to be tried, with popular
opinions fixed, the lawyer who can
tell prisoner what man to challenge,
and what to accept, is very valua-
Bile machine. He may judge men by
their smypathies, by their intellect
ual qualities, or by their integrity,
and he will manage generally to get
enough Of the class he can influence
to either clear his client or hang the
jury. In the trial of felony cases,
much depends upon the character of
the sheriff. He has q power almost
unlimited, and under some circum-
stances the. conviction or acquittal of
felony may be charged to him. He
| is presumed to know, and generally
does know, the character of almost
every man liable to jury service with
in his county, and he can provide a
jury to suit himself. A good sheriff
is apt to select good, honest men, and
will cnly take doubtful ones when
the best are rejected.
If the rule suggested by Judge
jackson were adopted by all the
Judges in the State, there would be
far less complaint of the inadequacy
of the courts to reach criminals. AS
it now is, nine out Of ten of the worst
criminals escape the law, not only in
Kentucky, but in a majority of the
States. Wealth, political power, and
personal influence are the chiefagents
in destroying the efficiency of the
Jury system. Men Of intelligence,
moral courage, and just actions are
excluded from juries by peremptory
challenges, if not for cause, and the
chief cause in most cases is that they
have read newspapers and heard ru'
mors. 1t is a fact, nevertheless, thai
any intelligent, honorable man car
readily distinguish his line Of duty
after he has heard the proof as pro
duced before a court and he is not SC
biased by what he has heard outside
| the tribunal that he cannot do equal
! and exact justice. In large MAORI
| ty of cases it is not justice that the
prisoner wints, and for that reason
Just men are not in demand.
no.