The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-07-03

ter TO find good aud true men. and in
telligent ones at that, who had never
before heard Of the case at bar. But
now, circumstances are considerably
changed, and the man who does not
hear of such events as the Chicago riots
and form his opinion about the guilt
or innocence of the parties connected
with the violence, according TO the evil
dences furnished by the press, he is not
fl to be ajuror.It is not speaking much
for the intelligence and integrity Of the
age TO say that the hesty opinions
formed by reading the papers will not
be changed when the juror is put under
oath to decide the matter Of fact as to the
guilt or innocence of the party charged
with crime, according to the evidence in
open court, and aside from anything we
may have fsrmerly heard. Thr mischief
in the present system arises from the
fact that the best citizens escape Jury
service, business men whose time is
precious and whose trade is likely to
suffer by their absence, readily escape
serving as jurymen by admitting that
they have read the papers and formed
a strong opinion of the guilt Of the ac-
cused. The mechanic and contractor
escape in the same way. The laborer
fearing that he will lose his employ
ment, also has read the papers, formed
his opinion, and is excused On that
ground. And the result practically is,
that we have a set of ignorant asses,
with a sprinkling of rascals. occupying
our jury boxes. In some places We have
the professional juror, who makes it a
point to keep in that state OF ignorance
necessary TO become a competent jury
man, and it frequently happens that the
accused is tried by men pretty much of
his own stripe and the violators of the
law escape deserved punishment.
Out here in Utah, we have the other
side of the evil of trial by jury made
prominent. Under the challenges ar
ranged for in section five of the Ed
mund's act, all Mormons in prosecu-
tons for polygamy, bigamy, and I'M
lawful cohabitation are successfully
challenged for cause. Let il be remem-
bered that the theory of trial by jury
is that the jury shall be impartial. But
when Mormons are tried for violating
the laws Furnishing polygamy and I'M
lawful cohabitation, the juries trying
them are not impartial. They are COM
posed of men who are opposed to the
Mormons, both in politics and religion,
who are, in fact, their ayowed enemies.
The innocent Mormon, as well as he
who is guilty, goes not to his yindica-
ton, but to his conviction, when
tired by such a jury. 1t is claimed
that the bias in favor Of Mormon insti-
tutions would render it impossible for a
Mormon juryman 10 act impartially, in
judgin- as to the matter of fact, as to
the guilt or innocence of one accused
of polygamy or unlawful cohabitation;
while a non-Mormon, who not only
dislikes the particular feature of Nor
m nism denominated plural marriage.
but hates the whole system of faith and
worship, and who is "filled from the toe
top full'r OF bitterness against the de-
voices OF that religion, can act im-
partially in judging of the guilt or in
nocence of a Mormon accused OF crime.
Can absurdity reach a higher pitch
than this7 If the favor OF the Mormon
juryman would prevent him being i'm
partial. would not the maIics of the
anti-Mormon render him Incapable of
acting impartially?
Our jury system has served very
well in years that are gone, but now.
under our changed conditions. it Ger.
tainly stands in need OF some modifca
tons which vii! come, too, with the
otb,- s-,,r-ara,,ant- Of our dar