Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1885-02-28
THE Equities OF THE CRIMINAL
COURT AND JURY SYSTEM,

books Of our State, that need the seri-
Gus attention of Legislators more than
those, connected with our present
Criminal court and Jury system. For
there are certainly none that carry
with them in their various technicali-
ties, more inconsistency, injustice,
petty tyranny and real annoyance to
the business classes, and more unnec-
essary expense to the taxpayers of the
State than these as they are at present
construed by attorneys and others hav-
ing charge of criminal court proceed
ings. 4.
III the proper construction OF our
jury system means that 100, 800 or
1000 people shall be forced from their
homes and business IN order that Grim
inal attorneys may have better OPP
portunity of selecting from their num-
Der one dozen whose mind they may
have reason to believe can be the more
easily warped and muddled by inge-
NOUS argument III the interest
of their client; CT if it means that in
telligence, coupled with desire TO up
hold the law, and have strict justice
done in all cases, renders man in
competent as juror, then in accord
ance with the wishes of all justice low
ing people they should be delegated
TO the lowest depths of oblivion, and
some that cannot be so construed
placed in their stead s3'e
Whether their true construction
means this or mot, they are certainly
being used for the purposes stated, for
it is well known fact that men. are
often refuse das jurors because OF their
too much intelligence, or known de
sire for justice, whilst others are ac-
cepted because it is believed that they
can be induced by argument or 9th
erwise to render their verdicts as may
be dictated, not By the lar o. testimony
but by the attorney who selected
them. ,i
There is probably no prominent
criminal lawyer in the State, long a
resident Of. his county, who cannot Sc
lect from so large a number as from
100 to 800 men, at least one or more
who can through the influence of his
argument be induced in some manner
to serve the interest OF his client.
And it is noted fact, well under
stood among the people that as gen
eral rule no criminal with reason
able amount OF influence and money
sufficient to employ the best legal tall
ent, can be suct sfully prosecuted, or
made to SUITE the penalty OF his
crime.
Through the many and various
technicalities connected with the pres
ent jury system it is an easy matter
for any ingenious attorney to find
some loop-hole through which he
can legally insist upon new trial, or
otherwise cause delay of justice in
the interest of his client.
Whilst the jury system as original
ly instituted in the interest Of justice
was priceless boon to all free and en-
lightened people, and under proper
legal control would continue to be SO,
it has through it's iniquities become a
machine which under the control of
skiilful manipulators may, and in
many instances does, defy that justice
which was its original intent.
Whilst change from the present
system as now practiced may not be
advantageous to certain classes OF
criminals who are enabled through
the influence OF money to escape
through some OF its many loop holes
the penalties OF gilelr crimes, it certain
~ would add much to the interest of
justice to make one slight change
through an Enactment that could all
be embraced in one single section,
and hot occupy over one half OF i page
upon the statue books.
Not only would the change propos
ed add to the interest OF Justice and to
the pecuniary interest OF the State, but
it would also save to all good citizens
in general much annoyance, trouble
and individual expense, and especially
to those Of the agricultural classes 1T
would be an advantage thai could not
be otherwise than greatly appreciated.
am induced to speak Of the farming
classes in particular, simply because
they are made to suffer more annoy
ance. trouble and expense by this
practice Of requiring the aEtelq4nce
OF so large number of jurors in or
der that few may be selected, than
all other classes of citizens combined.
Whilst farmers usually live a greater
or less distance from the Courthouse,
and must therefore be subject to the
loss OF one or more days time, besides
tolls and other necessary expenses at
tendant upon going to town. Mer-
chants, tradesEsen and others usually
reside near the Court House, and when
called upon can attend with but little
trouble or loss of time, and no expense.
Whilst certain changes in the law
the present Criminal
Court and jury system might not in
m cases be best for the interest OF in
auential criminals, nor for a few of
other classes, it would be best for
arge majority of our citizens and
since they desire those changes the
matter should be duly considered by
he Legislature.
Knowing as / do that the matter is
If especial importance to the agricul
ural classes, and knowing also that
hey are more seriously imposed upon
Inder the present arrangement than
Ill other classes combined, have Ia
Ken the privilege of addressing my
elf more directly to the farmers Of |
he present General Assembly than to |
,ther professions, but trust that all
lasses will give the subject a reasOna-
~, oo,, Hamilton