National Republican. (Washington City (D.C.)) 1872-1888, 1884-03-19
TURN the light on those death records.
Standing Jurors Aside.

Standing Jurors Aside.
A kuklux raider or bourbon ballot-box
sturor greatly prefers being tried before a
jury Of his own political party. If his counsel
are allowed to select all the jurors, he is sure
of being acquitted In 1875 an act was
passed which was intended to give both
political parties equal representation on tho
jures in tho United States courts, the panel
from which each jury is drawn being selected
by officers Of opposite politics. Under the
practical operation of this law, however, the
defendant in a case that involves political
feeling or prejudice hiss a pretty good chance
to get jury that suits him.
The advantage given to tho defendant by
the ten peremptory challenges which the law
allows him is counteracted to some extent by
the practice derived from tho common law,
which still obtains in the United States courts,
Outstanding Jurors aside at the suggestion of the
district attorney. If a jury has not been OBJ
tanned till the whole panel has been called,
then the seats still vacant must be filled from
those who have been asked to stand aside.
For instance, when a jury is being called
and sworn TO try a ballot.box suffer, if n
man turns up who is known to DO n strong
sympathizer with the defendant. tho district
attorney will ask the clerk to pass on, in the
hope that the next man will be less objection
able, and this process will be continued until
twelve satisfactory jurors have been obtained
or the panel has been exhausted. In the
latter case the gentlemen who have boon
Objectionable of them will be accepted. While
this is going on the defendant is getting rid
of ten persons who may be acceptable to the
district attorney by using his peremptory
challenges.
This mode Of impaneing jury in crimi-
nal cases is practiced in Pennsylvania and in
many other states, and also in tho United
States district and circuit courts. Without
il tho conviction of any one for violating tho
United States election laws would be impossi-
BILE. For this reason the gentlemen who deny
purity of elections for members of congress
would be glad to have the revised statutes SO
changed as TO compel the district attorney to
accept every juror that is called after his
three peremptory challenges have been ex.
hausted.
The house committee on revision of the
laws was selected to make tho change in the
statute so as to give the matter an air of in
nocence and judicial regularity. Alittle four
line amendment to section $40 of the revised
statutes was all that was necessary to effect the
desired change Tho proposed amendment
went through the committee without opposi-
tion, and when Mr. Oates reported il to the
house, and moved for a suspension of the rules
to take up the bill and pass it, he managed the
whole business SO adroitly that very few
members understood its true inwardness'
until Mr.. Reed began to interrogate Mr.
Oates as to the particular class of cases in
which the law, as it now stands, was sup
posed to work injustice.
Mr. Oates maintained his innocence to the
last, but Mr.. Dibble, of South Carolina, anc
Mr.. Bennett. of North Carolina, were obliged
to come forward and admit the real purpose
of the bill. When it is reached again it will
not be palmed off upon the house as a harm
less and inconsoquental change in the re
vised statutes.