Sacramento daily record-union., 1889-09-23
SELECTION oE JURORS
The Glass of Men Obtained in the Cronin
Case.


From the st. Louis Globe Democrat
1t is desirable, of course, that juries
shall in all cases be composed of disinter-
ested and unprejudiced men. This is par
ticularly true as to trial for murder; and
| the Courts are bound to see that prisoner
is not wronged on the one hand nor So
| ciety on the other by improper selections.
But is the prevailing practice such as to
secure the best results? The Cronin case
at Chicago presents the question in an in
teresting light, and makes it timely one
| for discussion. 1t is very evident that the
accused parties in this instance are de-
| termined to have jury which shall know
as little as possible, and to a certain ex-
tent the law favors their desire In the
| nature of things, 1t is practically impossi-
| BILE to obtain jurors who have not read and
talked of a case about which so much has
been published. If men of that kind ex-
| ist, they must be marvels of ignorance
and yet the task of selection proceeds
| upon the theory, apparently, that they are
| to be found, and that when found they
will be most competent for this grave and
difficult service. In the ordinary affairs of
life intelligent familiarity with subject
is rated as the best proof of fitness to render
just and proper judgment upon it; but
when monstrous crime is to be iudicially
investigated, this rule is singularly re-
versed, and stupidity becomes the highest
qualification.
There Is not man of average intelli-
gence within the jurisdiction of the Chi
cago Court, it is safe to say, who has failed
to absorb the general history of the Cronin
| case. But this does not signify that all
such citizens have formed opinions or
| prejudices which would prevent them
| from dealing honestly and fairly in the
capacity of jurors. Very many of them,
perhaps, entertain certain theories as to
the motives of the crime, and possibly as
| to the guilt or innocence of those who are
| about to be tried. These theories are not
| fixed beliefs, however and do not imply a
disposition to render verdict contrary to
| the evidence. The majority of men re-
gard jurors obligation very solemnly,
| and aim to do justice regardless of precon-
ceived impressions. They only ask that
the facts shall be given to them in a dis
tinct and reliable form; and surely an in
telllgent man IS more Trustworthy than an
Ignorant one where the value of testimony
is to be determined. The Courts are in.
| cllned to respect this obviously correct
view more than they formerly did, but
they have not yet fully adopted it. Old
precedents and traditions still influence
them too much In the matter. They are
still too patient with processes of selection
which give weak juries where strong ones
| are particularly desirable. The result is
that the course of justice is obstructed and
often defeated, to the reproach of the law
and the detriment of society. 1t is not
| true that the most Indifferent or common
| place person makes the most satisfactory
juror: That is an exploded superstition;
| and the sooner we get rid of it altogether
the better for all the interests involved in
the trial of criminal cases.