The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-11-22


morning showing the grave danger that
the jury System of Roanoke is in met
with hearty approval. In evory quarter
OF the city the story was road with
interest and the only people who did
not indorse it were the professional"
jurymen.
A TIMES reporter interviewed the
lawyers yesterday and their opinions
were unanimous that the present system
was very much in need of ovorhauling.
TIE TIMES was warmly praised for
sounding the key note. Following are
some of the expressions given to The
TIMES. Others will be published to-
morrow morning:
Favors Smaller Jurios.
j. Allen Watts: II read with a great
deal of interest your article in regard to
the abuses incident to tho jury system.
The fact is that the jury system, as at
present conducted, has to large OK
tent outgrown its usefulness. Orig
inally the jury did not try cases from
evidence before them, but from their
own personal knowledge as Witnesses,
they being summoned from the vicinage
and being supposed to know all tho
facts and qualified to udge Of tho neigh
boring troubles from their own knowl-
edge OF them. Out of this has devel-
oped our present jury system, which, in
many respects, is totally inadequate to
the requirements OF the present day.
The fault of juries in Virginia docs not
rest 80 much with the judges or court
officers as with tho laws themselves.
The law provides that all male citizens
twenty ono years of age and not over
sixty, who are entitled to vote and hold
Office, shall be liable to service as Jurors
but tho exceptions arc SO numerous that
very large and intelligent class of the
community are practically excused from
jury service.
For instance, practicing attorneys,
physicians, registered druggists, officers
of any court, members of fire depart
ments Of cities and towns, and mem
bers Of any fire company therein and all
officers and persons who have hereto
fore, or may hereafter, serve as mem
bers of any fire departments or COM
panies for five years, members of Con-
gress, postmasters, post officers, post
riders, stage drivers, all persons en-
ployed in the care of mails, the Judge
OF any court, all inspectors of samples
of uobac co, all professors, tutors and pu-
pills Of public seminarieS, all ministers
OF the gospel, jailors, uperintendents
and servants of hospitals and lunatic
asylums, officers of banfs, police, all
millers, ferrymen, non. commissioned
officers and members of volunteer CON-
panies and all persons while actually
engaged in harvesting or curing grain
or nay, or cutting or curing tobacco,
and Il large number moro arc exempt
from jury service.
when these largo classes are sepa-
rated from a community and thcn those
individuals who arc connected with
public concerns, such as railroads, etc..
where the public interest demands that
they should be excused, it will be seen
that very small part of the community
remains for jury service, and these dis
like to servo because of tho fact that
they are KEEP such an inordinate length
OF time-the court in Roanoke very Of
| ten sitting for thirty days. 1t might be
said that it would be better to have
| moro juries, and thus relieve one set of
men after few days service. The diff
ficulty about that is that the supply
would absolute ly run out in very short
time, and there would DO no ono to 90
on the juries II all.
"rhe pay for jury service is totally
and absolute inadequate. A mechanic
cannot afford to sit on jury, as ne will
thus be tied up perhaps for two weeks
or more, losing his wages and the sup
port of his family; business man, be-
cause his business will necessarily
suffer enormously. The consequence is
tnat every device and sub,erfuge is re.
sorted to to obtain excuses for not serv-
ing and it is merely matter of impos-
sibility, however conscientious, upright
and Jealous the judge may be, for him
| to get a good jury.
1.-The proper solution of this difficulty
would be that, in all ordinary civil
cases, the jury to consist of throe or six
men and they should be paid an ade.
quate amount for their services. II the
case is of sufficient Importance, either
side to be- allowed to have jury of
twelve, provided that the applicant
would give security to paw tho costs of
| his jury, the com monwealth no. to be
burdened with the costs OF moro than
three or six, whichever might be
| adopted.
'.Of course, this is not intended to ap-
| ply to criminal law, as l believe GRIM
| inal cases should be tried by twelve
men. Three good level-headed bust
ness men, who could be gotten without
any trouble, would come nearer to get
| ting at the exact rights Of the
case than an ordinary jury OF twelve.
For instance, jury of three could
| sorve for two or three days and the
court could dismiss them and summons
three other business men, or men of in
telligence and knowledge sufficient to
make them good jurymen. Mechanics,
artisans and business men should be
perfectly willing to serve and fulfill
this, one of the highest duties of citi.
zen, II it was not on account of the sac
rife" being so entirely beyond reason.
1.-The State could afford to pay three
mon amnlu and hu taking turna h