The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-03


attorney. By law he is required to examine the
accounts of marshais, clerks and commissioners
1t is, therefore, clear that the emOiunleGts OF his
office ought not he contingent upon the am"unt
of business doue by officers upUn the correct
ness or whose accounts lie must pass.
With a view to remedylng defects in the meth
DDS of criminal procedure in the courts, the At
torney-general submits a lengthy bill proposing
numerous changes in existing processes. The
adoption Of q new code OF laws for the District
of Columbia is strongly urged.
"JuRY-FTXING' IN THE DISTRICT.
A considerable portion of the report is de-
voted to a consideration of the causes leading TO
the frequent failures of Justice in the Washing
ton courts. On the topic of "jury-fxing' Mr..
Brewster says:
1t is the subject of belief and common repor
that the business OF "iury-fXtng" f0lriShes 10
nm alarming extent in the District. II is asserted
that men live, support their families, and even
become rich in the practice of this Defarlous
profession. Such a practice or profession exists
to some extent in nearly every large City, under
the best devised jury systems, aud notwith
standing the care. attention and safeguards
thrown around the iuries TO prevent their being
tempered with. But, as the jury system now
exists, that INSCRIPTIONS men should safely
conduct a lucrative business in dehaucntng
1urles in the District should occasion no surprise.
With but twenty-six jurors, such as usually
serve. an active jury -tixer would become ac-
quainted with at least two or three of them in
a few hours. and that would give him Il strong
beginning in his efforts TO thwart justice. with
but twenty six jurors, serving for three months,
II would not require one-third of that time for
the combined force of jury-fiXers TO
become thoroughly acquainted with the habits,
associations, character and business of each
juror, and the influences, If any, that could be
used to reach him and bring him within their
power. Then again, what Is there TO prevent
one or more well-dressed and apparently re-
spectablelooking rOgues placing themselves in
the way OF the marshal or his deputies, to be
brought into court as t%alesmen, and serving
upon rhe iuries TO acquIt their friends or confed-
crates! Such devices, unhapplly, are not I'M
kG1STu in the District, and others could be emu
merateS, snd will naturally suggest themselves,
after a caref&i consideration, hut enough haa
been shown to derI5Qstrate the fact that unnec-
essary responsibility Is placed upon officers who,
although acting FROM the pbGSst and most con-
sclentlOus motives, are liable II any time TO
censure and renroach, and that the cert and
prosecuting officer should not any longer ne
compelled TO struggle with the limited machin-
cry placed at their disposal. 1t is recommended,
in the interest of justice and as a matter of econ
omy, that tine number of jurors should be in
creased to fOrty-eight; that the time of service
should be reduced to one month; that where a
deficiency exists in the jury that deficiency
should be supplied from the box, and that an
improved system Of drawing, selecting and sum
moning Juries should be adopted without de-
All plans to defraud the government or to steal
from the public treasury, no matter where con
trlved. are mostly contaminated III Washington,
and when the guilty parties are arrested their
trial must of necessity take place before a jury
dra wn in the District. The arrest of one set of
defendants brings to them the sympathy and
active aid of all others who are engaged in sim
liar schemes. Ifthe defendants ale wealthy, as
is often the case, by a liberal expenditure OF
money they secure the acquaintance ana friend
ship OF prominent men who are of a social dispO-
sition, and whose open and public association
and cOmpanionship with the defendants is not
without its helpful effect. When the case is
called for trial, the government stands alone,
and opposed by many disadvantages, while the
defendants, aided not only by their wealth, the
encouragement and influence OF their friends,
but by Il certain feeling of Indifference which
aanla Tn nrpVaii n WachinptOn nOuappniOn Guah
crimes, are permitted TO depart from the court
room triumphiug in their acquittal, escaping
punishment and scandaliZing she administration
of Justice. Such has been tine case before, and
such will occur again, so long as the national
tire asury is confided solely to the protection of
local juries.
1t is not easy to determine what method to
adopt for the trial of these public cases, as any
change Will be objected to because it may in
crease expense. Change of venue and special
or struck iuries have been adopted elsewhere,
to secure protection from a failure of justice be-
cause of the defects of local Juries, and both
methods, wherever existing, are commended. 1t
is of the utmost Importance that either or both
methods should prevail in the District.
/ submit that the desired end might be at
tanned by extending lin such form and under
such limitations as may be advisahle) the juris-
dictiOn Of the United States circuit and district
courts for the judicial district of Maryland. so as
to include the cognizance of crimes committed
in the District of Columbia. By this the circuit
and district courts of that judicial district would
have original Jurisdiction over all crimes com
mitted in the District of Columbia which are
otfenses against the general laws of the United
States, and their jurisdiction would be concur
rent with that of the courts In the District of
Columbia, so that the prosecutions and trials
could be proceeded with in either court. The
advantages to he derived are. that where the
trials take place in the circuit or district court
in Maryland, the jury would be drawn in the
manner now prescribed by law, from the people
of the entire State of Maryland, and the chances
of Obtaining an impartial jury would be greatly
increased.