Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-10

opinion now was the same a. when he first
formed 1t. In answer to . question by the
to overcome his opinion.
After Judge H0ge had examined Mr. Leitch
to show that the opinion was fixed one. Mr..
Wilson. in several bland, softly spoken ques-
tons, brought it out that Mr.. Leitch had based
his opinion only on newspaper reports of whose
| correctness he knew nothing.
Then the judge asked more questions and the
District attorney some more, all to get Mt some
definite idea OF the exact state of Mr.. Leitch's
mind as to this case. The judge remarked
jurors as free from bias as possible.
Yet he thought, when the statute
did not, as in some states. make
mere suspicion Of bias sufficient to disqualify,
that the rule should be that notwithstanding
the juror may have heard and read of the case.
and without any feeling about it formed an
opinion. If the opinion was such as
he would not maintain in the face
or evidence, the juror was competent.
Otherwise the trial Of such cases would be
reieSated to those who were ignorant or
mentally low, or so secluded as not to hear or
read of current affairs.
Mr.. Coleman presented authorities to show
that modern practice did not take into account
the Impressions produced by reading current
publications.
District Attorney Hoge said that in this en-
Ightened day no one expected to so back TO
Judge Mansfield's standard, but in this case
the juror had not only stated he had an opin-
len, but had expressed his opinion in court,
which, Judge Hogc maintained, clearly rem
dered him incompetent.
Judge Bingham said he did not understand
that he had expressed an opinion, but WAS
about to express one.
Mr.. Clagett said the juror had expressed his
opinion before he was checked.
Mr.. Wilson combated the idea that the
fact OF the jurors having Expressed
him. In this connection lie said:
why man who doesn't read o newspaper
and form an impression you can say, in 999
cases out of 1000, is not fit to try case of any
newspapers. They read them in the morning.
They road The STAR in the afternoon. 1t has
come to be the current literature Of the day,
and it is what VIC all have to resort to
in these times to keep ourselves
abreast with the world" He argued that inn
could not render a juror incompetent.
There was, he claimed, a difference between an
"opinion" such as would make a man a biased
juror and an impression obtained from the
reading Of newspapers.
Judge Bingham said the difference in the
mental constitution of men was spch that
where one would receive only light impression
another reading of the same case would
form fixed opinion. 1t was unfortunate that
the juror had expressed his opinion in court.
II the juror was accepted under the
circumstances it would be embarrassing to
himself. He thought the juror should be cx-
cused
Mr.. Wilson noted an exception.
1t was $40 when the second juror examined
was called to the box. This was Michael Halli-
nan, 1850 It'll street.
In reply to Mr. Clagetts questions Mr..
HOLMAN said he knew Ward: that he had
formed and expressed no opinion. His
examination was complete in minute and u
half and he was accepted by the court, the
juror thus accepted being still liable to chal-
lenge.
VIM. H. Fletcher, the carpet dealer, who was
next examined, had formed and expressed an
opinion, which he said would require strong
evidence to change. He was excused.
Edward Forrest, colored. who lives on the
Hamilton road in the county, was next called.
He did not know Ward or Adler, and had
formed no opinion. Mr.. Forrest was &C.
ccpted by the court.