The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-07-29

Ane nan uo' ECU or more very prominent
~ u'aiS dtAin the past six months IN
f'ou' po' dons Of the country have CAUSE
more e tended and continued dscussi' n
'ue .seEits OF the jury system ana u Q
'o' ~ and improvements therein oe-
~ ,dQk, than has been witnessed or known
1.-THE past fifty years. The principal OBJ
te5tion to the whole system seems TO te
that the statutes defining the qualification
OF Jurors seemingly look to the selection OF
the most ignorant men in the whole CON
munity as alone competent TO act as JUL
orr. This peculiarly of the statutes YVES
striklngly illustrated in the empaneling oil
Che POLK jury in Nashville few days
since, although the jury at last chosen |
acted in the most satisfactory manner.
Over 1000 men were summoned as iur-
ors in that case before the twelve ae-
ceptable and fully qualified ones were
found. Having talked with any one who
proiessed to know the facts or any OF tie
witnesses in the case, or read any OF the
newspaper accounts Of the crime were held
to disqualhy man on his voir dire and
those who had been summoned, but who
came under these categories were stood
aside by the hundred. The chief trouble
was witk those VITO had been reading the
papers, and nowadays this will always te
found trouble In the way Of selecting n
good jury, II reading tho public prints ope'
r ties go a disqualification. A decision just
r ,ceRtly made by the supreme court OF In
diana therefore to the effect that reading
the newspaper accounts OF a crime or Il civil
case and busting an opinion there on
does not consiitut bar to
larry, service upon the investiga-
ton of that particular crime or case, is an
eminently wise and important one. Many
decision OF like import have been made
within the past ten years, but not so
strong or pointed as tins last one. The
courts In this state and every other STATE
ought to adopt and enlarge upon this de-
cision. II forming an opinion upon d
newspaper account does not bar from jury
service, to form an opinion upon talking
with others who prolessed TO know the
facts should not. To say that o man can
not sit upon case because he has heard
people talk about II, or has read about II
ann formed a general opinion, is TO say
that the more intelligent men OF every
community are disqualified IRON
Jury service. II is in the second plac,
10 l.ut me 4
formed an opin on never changed IT., mo-
evin when they are under oath to deter
mine the cause by the testimony adducet
on the trial. II Is TO assume that all mer
will perlure themselves. The reading mer
and the prominent and intelligent men O
every community know something of the
facts Of every occurrence of Importance
happening in their vicinity, and very natu
rally form some opinion upon what they
have learned, but 1t is contrary TO exper
fence and absurd to hold that they could
not, as jurors, upon what evidence there
was before them, under their oaths, reach q
; Just and intelligent decision. The NOR,
! cultured aud intelligent men are the NOR,
: easily changed in their opinions by tn,
presentation Of facts under oath of which
} they know nothing or knew
} imperfectly before and they are immeas
urably more capable of weighing the law
and the evidence than twelve men who
, never read the papers or discuss with theil
fellows the transactions and occurrences
gong on around them: Men who know
most about case, but who at the same tim
are honorable and intelligent men, and who
have their knowledge added to, refreshed
. and discussed under the sanotity of the
' proceedings of court, are by all odds, 1
T. appears to u.s. the men who could most
easily aud justly reach u righteous and lie
gal decision. But II is notorious that thi,
is exactly the class OF men whom the stat
utes OF most the states ant
: the illberal decisions Of the courts
/. disqualily from jury service, Let tn,
o urts but adopt this indiana decision ant
/ 20 further and hold that the opinion
/ formed whether rom newspaper accouu
{ or in conversation with others does no
B dlsQuolily, in other words let the court
= but hold that II is presumed that iuro
n will do what he sSears to do base hi
verdict alone upon "the law and evidence
he may hear upon the trial regardless O
what he may have heard or thought pre-
. viously and the Ignorant juror" will b
> shorn of his strength and his monopoly an,
. the jury service Oft the country meet will
, something of that improvement which it /
. admitted on all sides to now stand so sadly
!, in need of No law upon the statute book
ought ever TO discourage general intell'
gence or stand man aside by reason OF hi
knowledge OF passing events,