Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-12-01

the result attained by that method cannot be sufi-
GENTLY condemned. In most Of the courts in the
United States, according to the character and
gravity OF the cases to be tried from forty-eght
sixty Jurors are summoned, who serve for Two or
three weeks 1t Is doubtful If there can be found in
SIX Jurors are not summoned TO try the petty police
and quarter sessions cases. and for the higher
courts and the trial of the higher grades of oenses
from sixty TO eighty Jurors But in the District OF
Columbia, with its large and rapidly increasing
population, with the abundance OF wealth and the
extreme OF poverty, with all the Inducements and
opportunities for the commission OF crimes there
not one OF these crimes from the highest TO the
lowest II tried at all, that must not be tried before
tne miniature jury of twentv-SfX persons When
the dock Is filled with prisoners waiting to be tried
II one case Is called tried and the jury retire de-
berate, and another case is called the Jury placed
In the lury-box, and the prisoner exercises three
out OF his four peremptory challenges the court is
left without jury. In this dilemma the trial must
stop, the business is suspended until the absent
jury returns into court, or as is usually DONE the
court will order the marshal TO summon more tales
men 10 serve In that one case II two JurieS de-
nDeratlng at the same time the court must take a
recess
In murder and other capital cases. the prisoner
is allowed twenty peremptory challenges leaving
only SIX or the original Jurors to serve that after
the fourteenth, If the prisoner makes another cha-
lenge, the box must be opened, a new name drawn
II he Is excused then another name is drawn, that
person is summoned, and his excuses heard. The
same course Is pursued when every other Of the
remaining challenges Is made and in this way the
selection of jury becomes business OF almost in
terminable length, and source OF annoyance and
ia inconvenience to all who may be called upon to
1t is the subject Of belief and common report that
the business OF
"JURY FIXING"
nOurishes to alarming extent In the District 1t
Is asserted that men live, support their families,
and become rich in the practice of this nefar-
Gus profession. Such practice profession exists
to some extent in nearly every large city, under
the best devised jury systems, and notwithstand-
Ing the care, attention, and safeguards thrown
around the ]ur1eS to prevent their being tampered
WITH. VIII. But, as the jury, system now exists,
that unScrupulOuS men should safely conduct a
lucrative business in debauching Juries in
the District should occasion no surprise. With
put nus 70 ;,r Jurors such as usually serve an ac-
least two or three OF them IN few hours, and that
would give htn strong beginning In his efforts to
thWart justice. With but twenty-sX jurors serving
I0f Ihree months. 1t would not require one
third OF that time for the combined force OF jury
flXerS 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 respectable
looking rogues placing themselves In the way OF the
marshal or his deputies, to be brought into court
their friends or confederates? Such devices IN
happy are not unknown in the District, and others
could be enumerated, and will naturally suggest
themselves, after q careful consideration but
enough has been shown to demonstrate the fact
that unnecessary responsibility Is placed upon Off
GERS. GERS VINO ;itnough acting from the purest and
Tine TO cenSJc and reprOach. and that the court
ana prosecuting officer should not any longer be
compelled to struggle with the limited machinery
placed at their disposal. 1t is recommended in the
interest OF justice and matter O, economy. that
the number of jurors should be increased to forty
eight that the time Of service should be reduced
10 one month, That where deficiency exists i'm the
jury, that deficiency should be supplied from the
poX, ana that an improved system OF drawing, Sc
without delay.
SPECIAL JURORS IN THE DISTRICT OF COLUMBIA.
Independent Of those crimes committed in the
District OF Columbia, which are for Onenses affect
ing the citizens Of the District alone, there are
others OF public character which are against the
whole people Of the United States broad line Of
distinction must be drawn between these two classes
The national government is in Washington, with
the Treasury and the other departments. and the
numerous officers there employed In the conduct
are frequently oiIefed, and plots devised to CORRUPT
these officials, and the efforts are sometimes sue
@ cessful In % the past SIX years five or six OF the
itself is the highest compliment which
been found faithful In every s case wv" Where Ns's
government official has committed q crime against
the government he has been prosecuted with deter
mined V1gOr. When the crime has been committed
ana tl1ed outside of the District justice has been
accorded the government; but when the crime has
been committed ana tried within the District ius-
llco mas 100 frequently been denied the govern
ment person in .ha employ CT the government
who batrayS his ;}un;ic trust commits a crime
again+c the United Stites When that crime is
porpetratel within the District past experience
proves that he should be tried before jury other
tlan that engaged in the trial OF the local crimes
committed in the District.
The National Treasury is the great
CENTER OF AILUREMENT AND TEMPTATION
InrOadS are made upon it through all avenues by
which 1t can be approached Every device which
human ingenuity can contrive is resorted to,
and perjury, forgery and all crimes necessary are
unhestatingly committed to reach the treasure
and despoil the public money. The constant zeal
s and care OF experienced government officials in
every department., are required to prevent these
vile plans being carried out. The effort on one
side Is to steal the money OF the people. on the
other to prevent it; but with all the care and at
tention which honest and competent public ser
wants can exert, bad men are sometimes sue
cessful Laws have been passed by Con
or attempted fraud upon the government
a crime to be severely punished. The one great
difficulty now encountered Is the want OF prOper
jury system with which to enforce these laws
All plans to defraud the government, or to steal
from the public treasury, no matter where con-
trived, are mostly conslrnmated in Washington.
and when the guilty parties are arrested their trial
must OF necessity take place before jury drawn 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 similar schemes. II the
defendants are wealthy as is often the case, by a
uD"Etl expenditure OF money they secure the
quaintance and friendship Of prominent men who
are OF social disposition, and whose open and
public association ANA conpanionshtp with the de-
PENDANTS Is not without its helpful effect. Then 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 certain feeling Of Indifference which seems to
prevail In Washington concerning such crimes are
permitted to depart from the court room triumph
ing IN their acluittal, escaping punishment and
scandalizing the administration OF Justice Such
has been the case before, and such will occur again.
SO long as the national treasury Is cOnded solely to
THE PROTECTION OF LOCAL JURIES
1t is not easy to determine what method to alopt
for the trial OF these public cases. as any change
will be objected to because it may increase expense
Change Of venue and special or struck turles have
been adopted elsewhere, to secure protection from
failure OF justice because 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 Dis
trict.
II a change Of venue could be accomplished BY
certifying the indictment and PROCEEDINGS for trial
In such other judicial district where the greatest
number OF witnesses reside, where in the discre-
ton OF the court trial may be had with the least
inconvenience and expense to the government and
the defendants, some relief would be afforded.
1t may be OBJECTED that such remedy Is beyOnd
the constitutional power of Congress, but as the
offenses In question are not committed within any
State the trial may be at such place or places as
Congress may by law direct {art. 8, sec 2, par g.
and this apparently is not affected by the sixth
amendment Omitted States VS. Dawson, IS How.
1917.
Congress has exercised this power when deemed