New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-04-26
TWO GOOD CRIMINAL BILLS.

There should be no delay or hesitation about
passing Senate Bill No. 322 relative to par
ticular causes of challenge to jurors in criminal
trials, and Senate Bill No. 589 relative to the
Jurisdiction of courts of Oyer and Terminer IN
changing venue. Both are intended to remedy
ACKNOWLEDGED evils in the law of criminal pro-
cedure, which, if not corrected, are certain TO
obstruct, if not make impossible, the proper ad-
ministration of justice in many cases.
The first of these bills is meant to enable
Jurors to be empanelled in criminal trials, even
though they may have formed some sligb' I'M
preston as to the guilt of prisoner from tho
reading of newspaper or other reports concern
ing the matter. Under the construction when
the Court OF Appeals gave to the statutes oil
1879 and 1877 3 in the Greenfield murder case,
and in the case Of ex-Alderman McQuade, no
person is competent as juror " who has formed
an opinion or impression" against prisoner
from reading newspaper report of testimony
relating to the subject, however strong his be-
lief and purpose that he will decide the case
on the evidence to be adduced before him as a
Juror, and will give all impartial verdict there
on, unbiased and uninfluenced by that i'm
pression.n To allow the law to remain in that
condition is virtually TO say that no Intelligent
person shall sit as a juror in large class OF
criminal cases, involving matters Of especial
public interest. or which have attracted attcn-
ton for any cause. For man to admit that
he has not read in the. public prints of such ar
occurrence is to proclaim either his dense lgno-
rance or other mental incapaoity for Juror >
duties Nor can any intelligent person say that
such reading leaves no impression upon his
mind. If. therefore, this defect in the law is
not to be remedied, we must expect persons
charged with many serious crimes either to be
tried BY Jurors who cannot or do not read or to
90 untried. The situation calls for immediate
action by the Legislature. To delay the pas
sage of this bill, which will allow jurors to sit
who satisfy the court that they can decide
fairly upon the evidence without being inii'l-
enced by the impressions they may have formed,
will be to put premium upon crime and make
it almost an impossibility in the future to Sc
cure the conviction of notorious criminal
AT present New-YOrk is behind nearly all the
principal States in the hberaity OF her laws.
Let her Legislature put her where she belongs
in the van of the liberal States.
The other bill meets a danger almost as
grave, It's purpose is to restore to the Court
of Oyer and Terminer the power which it had
before the enactment of the Code Of Criminal
Procedure. of changing the venue in criminal
trial Of it's own motion or upon the application
of the District Attorney. If case arises under
the law now in force where a jury cannot be
obtained at all Because of universal opinion
in the locality a prisoner who does not himself
choose to move for a change of venue can never
| be tried. 1t needs no argument TO show that
this power should be restored to the court to
send the case to some county where trial
| can be had.