San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-08-03
Some Errors Exposed.

or the LIGHT.
A correspondent of the Express,
under the signature of "Citizen, at
tempts to sneer at and ridicule the
Court of Appeals, on account of It's
decision to the effect that man of
foreign birth becomes legal juror
upon declaring his intention to be-
come a citizen, but his criticism falls
to the ground, for lack of foundation
to support it. Citizenship and the
right of suffrage are defined and fixed
by the constitution and laws of the
several states, and not by the de-
cisions of the courts. In Texas,
foreigners are allowed to vote-in
other words are clothed with citizen
ship, on making known their inten-
ton to become citizens, and taking
out their first papers in the matter of
naturalization. The moment this
step is taken By foreigner, he be-
comes citizen of Texas. If he lie, by
this preliminary step in natural
ization, entitled to vote for
the election of public officers,
he is, uudou btediy, legally qualified
to serve as q Juror, provided, he pos
sesses the other qualifications re-
quired by the statute. Hence, the
decision of the court of appeals,
which "citizen" sheer at and ridi-
cules, is in strict accordance with law
and common sense, and therefore
invulnersble.
1 suspect, that the decision in ques-
ton, knocked the foundation from
under a criminal case, which "Citi-
zen" had appealed, on the ground
that one of the jurors had only declar-
ed his intention to become q citizen
and taken out his first papers, and
that it was this circumstance that
aroused his wrath. This practice Of
pouring out the "vials Of wrath" up
on appellate courts, because they do
not expound the criminal law in such
q loose and generous way as to open
the folding door for the escape OF
criminals, is extremely reprebensi-
BILE and by much too. It is also derog-
atory to the standing of the legal pro
fession when looked at from the
right standpoint.
"Citizen" talks in vague way,
about a mans constitutional rights to
be tried by his "peers" but he fails
to define the meaning of peer"
Must thief De tried by jury made
up of rogues, q murderer by jury OF
murderers, q burglar by jury OF
brother burglars, q rich man by
jury of rich men and q poor man by
Jury of poor men, and an illiterate
man by jury that can neither read
or write? These would be the
peers" or equals, of such classes OF
criminals. Does the word peers"
mean moral, social, financial, pc.
litical or legal equality with that OF
the criminal? A man possessing the
statutory qualifications of juror, ID
the "peer" of Jay Gould or OF q vaga-
bond, OF q saint, or of a sinner, or
Ward McA lister, the leader of the
100 New York fashiopables, or of
tramp in rags and tstters. There is
deal of rot INDUCED in about
mans being tried by his peers, when
q thief is convicted.
"CitiZen" objects to the court of ap-
pesls deciding that error from which
no injury resulted, Is not ground for
a reversal, but such view Of the law
is sound and conservative. With
what show of reason and Justice can o
man complain of "damnum obsque
irjuris," Of error, from which no in
jury resulted?> Appellate courts
were not established for the purpose
of facilitating the escape of criminals
by placing loose and strained inter-
probation on the criminal laws and by
exalting technicalities above reason,
common sense, justice and law. 1t
often happens that q criminal lawyer
fights to prevent justice from being
dealt out to his client, and therefore
prefers loose and technical cOnstruc-
ton of the criminal law. Lawyers,
whose lives have been passed in de-
Tending criminals and hunting for
bubbles aud loop-hOles through
which he may get them of, contracts
mental habitudes and ldiosyncrasies,
which unfit him for q judicial posi-
ton. He is, even on the bench, not q
judge, but a lawyer for criminals. so
q lawyer who has oil his life been
prosecuting criminals, when he is
placed ON the bench remains prose-
cutor of criminals. Old men tai habits
cling to him. SCAT.