The evening light. [volume] (San Antonio, Tex.) 1881-1883, 1883-02-02
Opinions on the Subject by Some OF tho
Most Prominent Texas Jurists.

are the opinions of those upon whom he waited
Judge Noonan The jury system, as enacted
here, is farce. The system is that established
by the Appellate court. Personally, / do not
believe in placing a premium upon ignorance
by excluding intelligent men from the Jury
box merely because they have read the paper
and have heard anything, providing what they
have read or heard has not left indelible i'm
preston on their mind.
Judge Felix Smith / believe in the jury
system, and think any man should be allowed
to occupy the jury box who is willing to hear
and decide case solely upon its merits,
judging only by the evidence then adduced.
District Attorney Cooke: | believe most
emphatically ina proper jury system, but as
frequently enacted here it is complete farce.
"A man should be a competent Juror who will
not allow anything he may have heard or read
to prevent his receiving and judging by the
evidence brought before him. Good men
should be summoned and their attendance in
sisted upon, and the sheriff should only sum-
mon such persons as are drawn by the jury
commissioners.
Sheriff Mccall: / summon men according to
the Jury commissioners list, but their presence
has not been insisted upon, and consequently
| other calls have to be made as they
CAN BEST BE DONE.
County Judge Mason: "The jury system i'm
principle is good and the decisions should i'm
all cases be left to them, because they are cana
BILE of considering all the facts and circum-
stances of cases brought before them, but do
not think that a juror should be disqualified
simply because he has read the newspapers or
heard OF the case and formed or expressed
some opinion, provided he expresses his will
ingness to hear the case and to decide it accord
ing to the evidence. | believe IN all power
being vested in jury, and disapprOve of the
Judge summing up the evidence or fixing the
penalty as in the Federal and English SYSTEM"
George Paschal United States Commissioner:
II believe in juries, but regard the system as
administered in Texas fraud, and | would
suggest that Senator. Terrells bill be adopted
as originally read, before amended into the
present monstrosity. i would have no Juror
summoned by Sheriff or baliff who was not
drawn by the jury commissioners. If this were
done, 1t would put stop to the professional
jurors business and render the Jury less liable
to be tempered with. | would call yenire of
"a men, give each side the right of so many
challenges, that would leave II of them COM
petent to act. The present system is iniquit-
Gus. Suppose Il man is charged with murder,
he manages to stay the trial for or IL months,
then the case comes for trial. A yenire of 80 is
called, out OF which perhaps two or three jury
men are selected; the Sheriff or baiff sum-
mons then who he pleases and to man get
ting Il salary of from $40 To $50 u month $500
bill may materially Affect his list of jurors
selected, and so cOntrive as only To summon
the friends of the prisoner. This Mas been done,
and may be done again
UNDER THE PRESENT SYSTEM
Justice Shields-I am certainly In favor of the
jury system, and consider its faults here less
the defect OF the SYSTEM as the way in which it
is enforced. Amy man who has an impression
is scarcely fit TO he Il juror because it requires
efforts and evidence to take away that impress
on. Jurors should be summoned from the Jury
Commissioners list only, and the presence of
those summoned should be insisted upon.
Justice Adams-l consider the jury system
as asa ad an nt ed in Texas farce have
about it. Personally make no complaint OF
Justices, jurors. On receipt of my venire the
constable selects twelve men, of which six are
selected, | cannot remember ever issuing q
second venire to get a jury.
w. III. Huston-The jury system of Texas is
undoubtedly good although | prefer the
give their. verdict under the secrecy of the
ballot | think juryman should go into the
box with his MIND us piece of blank paper
capable of receiving convictions derived only
| from the facts and circumstances of the case
as detailed IN court.
George II. Dashiell: The principle of the
jury system is all right, butas far as civil case
are concerned am in favor of the alteration
suggested by Governor Ireland that they
shall be tried by two qualified Judges This
would be better for public convenience, and
would save many unnecessary expenses by way
OF appeals, Most such cases are question Of
law and fact which experienced Judges can bet
ter sift, and if they both cOncurred in the judg-
ment IL would be
MORE CORRECT AND RELIABLE
bliuI VI Inc jury. Iue decentralization OF
intelligent men merely because they have read
or heard of the case and formed some impress
sion, unless such impressions are absolute is an
absurdity. In these days men read the papers
and get impressions from the facts" so oh
tanned, but II ut the trial evidence is adduced
TO show those facts are erroneous, and nnre-
liable, then their impressions are altered in u
like manner.
Leo TarletOn, who was engaged upon some
comments upon the jury system said Il ap-
prove most decidedly of the Jury system and
consider its defects OF secondary importance TO
the way in which the qualifications of Jurors
are tested after being summoned. AS artiCl lie SIS
Z. Z. +. is SO vague as 10 be capable of Il varied
construction would recommend that il be re-
nodded in the form adopted by the New York
St8te which embodies the same principal
clearly defined, and does not depriye the case
of an intelligent Juror simply because he has
read OF the case or expressed an opinion, who
will not be influenced in his verdict by an such
extraneous knowledge or impression. / be-
lieye in Thompson's idea upon charging Jury
and that the judge who tries cases as a practi-
cal lawyer and expert in evidence should be al
lowed TO sum up and sift the testimony as they
do in England, thus assisting the Jury 10 arrive
and true and legal verdict hut leaving them
to act according TO their own judgement
JaepD Waelder-l have no opinion to express
on the subject, You should see some LAWYERS
whose practice and experience has Qualified
them To give an opinion and who have probably
given the question
SERIOUS CONSIDERATION.
q, John II. CopelandrI am qgiie satisfied with
the jury system of Texas, and am prepared In
take any case befOi5 such a jury "
Arch'o Chtvalier-The jury is the safeg,,or,a
| Al pSrSopal liberty, but the disquaIiRoat
allowed by the statutes is incoisnst - MI
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