The Evening critic., 1883-06-19
Our Jury system.

mr. w. w. her mas Deen interviewed on
the Star Route verdict by reporter of tn
Philadelphia Press, and throughout the
whole interview he displays more ignorance
to the square inch than one would suppose
could be displayed even by common
Quarter Sessions lawyer. Take for exam
pie what he says about the jury system
here
"Their jury system is all wrong. The Mar
shall selects q number OF names to put in the
Jury wheel. He has no assessors list, no tax
list, no list authorized by law that he can go
10. The only thing of that sort that he has Is
the directory. Tho names of twonty-six mon
are selected from the Jury wheel to serve as
the jury the defendant has four challenges
and the Government only three. When the
twenty-six have been interrogated and Jury
is not obtained, the Marshal or deputy goes
out and brings III anybody he chooses. These
talesmen serve only for the particular case
on trial. You can imagine from this that
Washington juries are not equal to those in
other places"
Mr.. Ker participated in the selection of
two Star Route juries and yet all this time
he was ignorant of the manner in which
names are put in the jury wheel. The
Marshal has no more to do with it than the
man in the moon. The duty of selecting
names and putting them in the wheel is
performed by five jury commissioners, who
are appointed by the Supreme Court of the
District for term of years. So much has
been said about theJury system here that
we give herewith the law--the following
sections of the Revised Statutes for the Dis
trict of Columbia being those under which
jurors are chosen
Section S51. Until otherwise provided by the
Legislative Assembly, the Supreme Court
the District may, by orders in general term,
from time TO time, designate necessary offi-
GERS or persons to make the lists OF Jurors for
service in said court.
Sec. s52. The names on the list shall be
selected, as near as may be, from among the
citizens OF the several wards or districts of the
cities of Washington and Georget )wn, and the
three divisions OF the District outside the
limits Of the said cities, formed by the Eastern
Branch OF the Potomac River and Rock Creek,
in proportion b the number OF Inhabitants
residing there respectively.
Sec. e53. The names selected shall be writ
ten on separate and similar pieces OF paper,
which shall be folded or rolled up that the
names cannot be seen and placed In box TO
be provided for that purpose.
Sec. S54. The box shall be scaled, and after
being thoroughly shaken, shall be delivered
to the clerk OF the Supreme Court for safe
Sec. S55. At least ten days before the CON-
mencement OF each term held as the Circuit
Court OF as the Criminal Court, respectively,
the clerk shall publicly break tho seal OF the
jury-box and proceed to draw therefrom the
names OF so many persons as are required
Sec. S56. IL the Jury is intended for service
In The special term sitting as criminal
court, the twenty-three persons whose names
ehall be first drawn shall constitute the grand
Jury, and the twenty.six persons whose
names shall be next drawn shall constitute
the petit jury for that term.
Under the authority conferred by this
act the Supreme Court of this District on
January 10, 1881, appointed as commission
10. hn inv -hnx
Riggs, A. L. Barber, John A. Baker, John
T. johnson and William B. Reed. On
January "a, 1881, Mr.. Barber was excused
and Mr.. Samuel Cross selected in his place
On December IL, 1881, Messrs
George w. Riggs and William
B. Reed having died, the Court
designated Messrs. Matthew G.. Emery and
William NJ. Gait to fill the vacancies, thu:
making the commission since December
IL, 1881, composed of Messrs. John A
Baker, John T. johnson, Samuel Cross
Matthew G. Emery and William NJ. Gait
all gentlemen of the highest standing in
the community.
The number of names required to be pu
In the box by the commission is $50, ant
when they are reduced to a number tina
would be likely to peril the securing of
jury from the box, the clerk of the cour
notifies the Supreme Court of the District
and an order is passed directing the com
missioners to refill the box.
1t was the commissioners above name
who put the names in the box from whic
the grand jury was drawn that found tn
indictment in the Star-Route case and th
petit jury who tried the case and returne
the verdict of acquittal. The only fun
tion that the United States Marshal pc
forms in the selecting offs jury is to sun
mon them after the clerk has drawn the
names from the box.
After jury is completely organized,
the Court should then see proper to excul
ajuror, it can be done, and the Marshi
may be directed 10 bring in a talesman
I'LL the vacancy or another name be draw
from the box. The matter is entirely o.
tional with the Court.
After this statement we hope that NJ
Ker aHd others who don't know what the
are talking about, will have the decency
keep their mouths shut.
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