The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-04-22
QUALIFICATIONS OF JURORS.

uLe unusual prevalence OF nOmlclueS
III this country within the last year
or so, we had occasion to refer Incl
deutally TO the not uncommon failure
Of jurors to appreciate and act up to
the responsibilities Of their position.
The general tone Of public sentiment
on this subject Is by no means up to
what it should be, and jurors being
taken from the body Of the com
munity, cannot be expected to have
much higher ideas Of duty than
those by whom they are surrounded.
When We consider the nature of
the duties which jurors are called
upon to perform, as judges of all
questions Of fact, and, to a consider
able extent, Of questions of law also,
which may arise in all cases, civil as
well as criminal, coming before
them, it viii be seen that the quail
ties Of mind and character required,
even if not equal in grade, or as
highly cultivated, are not very diff
fereut in kind from those needed in
the judiciary.
The first qualification required in
a Judge, that which is essential and
fundamental to everything else, is
that he should be just, by which We
mean, not merely honest in the com
mouer and cOarser acceptatiOn Of
the term, but impartial, fair-minded
and free from prejudice. We have
known judges who were men Of
strict integrity in all the ordinary
relations Of life, who paid their debts
promptly, and kept their promises
religiOusly, and who would have
scorned the idea of bride or Of any
corrupt consideration with prompt
and sincere Indignation. Yet we
have seen these very men sometimes,
when actingin their judicial capacity,
50 warped by prejudice or party
passion, or personal like and dislike,
or family influence, or natural mar
Of mind, as to be, without
knowing or intending it, conspicu
ously, and even we might say, grossly
one sided and unfair.
Just this same kind Of impartiality
and fair-mindedness which is essen
tial in a judge, is necessary to con-
stitute good juror. The latter need
not be learned in the law, or highly
OF possessed of a great
Of literary or any other cul
ture. But he needs to be honest,
and more than that, as the word
honest is commonly understood. He
should be what is called level-headed;
unwarped by prejudice in consider
ing evidence and Judging of facts,
enough to avoid being
misled 10y the sophistries of counsel,
and with too much control over him
self to be carried off his feet by mere
rhetoric, however impassioned or
plausible.
Now we are not talking about, nor
10 we expect ordinarily to find, these
qualities in their very highest devel-
)pment. We are not demanding alb
5olute impartiality, perfect freedom
from passion and prejudice, nor a
mental and moral balance which
nothing earthly can shake or impair
The perfect man does not abound in
any more than elsewhere.
Judges and juries alike are but men,
and possessed of their respective
shares Of human frailty. But we
believe it Is possible to find and oh
iain the services of men in whom the
qualities we have designated, as we'll
Is others which condUce to the use
.uluess Of jurors, are prominent and
generally controlling,men who would
,e generally recognized by their
elbow citizens as possessed, not only
If integrity, but of intelligence,
udiciousness and good sense.
1t Is not denied that many of our
pest citizens, best both in intelli- |
sence and character, do jury duty |
some of them have done a great deal |
# it. The quality of our juries is
fairly up to the average |
But it is admitted that
he composition of juries elsewhere |
; frequently far from satisfactory. |
so far as Honolulu is concerned, we
hiuk few persons will deny that |
the small number re-
.uired in one year, and the amount
nd quality of the material to be
elected from, the work of the off
ials charged with making out the
lists might, in some cases, have been
a,.y 1OTph iD7IOrOvnJ