The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-02-19
sUMMoNINe JURies..
How This Work is Done in the
Hastings Court.

Trial by jury has become more inter-
esting now that tho dignity of the law
has been forcibly impressed on the peo-
pie in the case of jeff Dooley.
In the history of the Husting Court of
this city thero has been but one instance
in which verdict has been SGT aside
because of Irregularities in summoning
the jury, and in this case it afterward
turned out that the law was fully COM
piled with, and that the Jury which
sentenced John Smith to be hanged for
tho murder Of Peter Aliff, was a legal
one.
The code of Virginia clearly specifics
how juries shall be summon. d, but
there are many minor details which are
not exemplified, and failure to comply
with usage sometimes causes the labor
of long and tedious trial to 20 for
naught and the expense to the Common
wealth, as vol as the accused, is very
great.
The mode OF summoning, empaneling
and selecting jury to try a murder case
is very simple, and no error can occur if
the law is complied with by all the OIL
GERS of the court.
When case is announced for trial,
and the day set by the judge and clerk
OF the court, reasonable time before
the day so specified, the Judge makes
out list Of twenty qualified persons
who must be citizens of the State. This
list, when signed by the Judge and tho
clerk of the court, directing the sheriff
or sergeant to summon the within
named persons, is called venire facias
1t then becomes tho duty of the ser
geant to summon the talesmen named
in the veniro facias and make his re-
turn on the writ, delivering it over to
the clerk of the court. When the day
of the trial arrives and the prisoner is
led to the bar by the serg cant, the Judge
directs the jury to be called.
Sixteen names are called by the SER
geant, usually four at time, aud these
are severally sworn in by the clerk
The judge then questions the Jurors as
to whether or not they have formed an
opinion as to the guilt or innocence of
the prisoner. and, if so, whether or not
such opinion could be changed by hear
ing additional evidence. Arc you op-
posed to capital punishment? We're you
on the grand jury that indicted the pris-
oner, or the coroner's jury that investi-
gated the murder or killing?
If these questions are answered to the
satisfaction of the court the jurors take
their seats. If the venire facias is ex-
hausted a sufficient number of bystand-
ers may be summoned and sworn until
the panel is complete.
The list of the panel is then handed
to the accused or his counsel, who has
the privilege of striking OFF any four.
This leaves twelve, which must const-
tute the jury. During an examination
of the jurors the commonwealth has the
right to challenge any juror if an &C
ceptable reason can be shown, and the
court must then hear the complaint.
In the Smith case the venire facias
was attacked by counsel for the de-
Tense, and the judge set the case aside.
1t was wholly misunderstanding OH
the part of the city sergeant, and he
afterward remembered that he had
signed the list at the proper time.
In this case the venire facias was
made out, but the sergeant was unable
10 secure the attendance of sufficient
number Of talesmen. When the day
of the trial came, the sergeant substi-
tuted other names and handed the list
to the judge to be signed. Tho iudgo
and clerk both attached their sigma
lures, and the jury were called and
sworn.
When the defense asked that the YER
dict be set aside, they put Sergeant
Traynham on tho stand to provo ire
gular1ty in summoning the Jury. The
sergeant was under the impression that
he had summoned the jury before the
Judge had attached his signature to the
venire facias. On the statement of
MIR. Traynham the court set the verdict
aside. A few days later Sergeant
Traynham remembered that the Judge
had signed the list before tho Jury was
summoned and before he made his re.
turn. This would have made the Jury
entirely legal, so far as summoning it
was concerned, but the verdict NAV
have been set aside on account OF the
sergeant substituting names in place of
those he was directed to summon
In making up list of persons from
whom the juries are summoned to try
civil and misdemeanor cases, the Judge,
usually at the beginning OF the June
term of court, takes the registration
books and selects 800 names. These
are all qualified voters and are pre-
sumed to be of unobjectionable char
acter.
The names thus obtained are placed
in box, and when it becomes neces-
sary to summon jury to try any case
where the punishment is not death, or
as much as ten years in the penitentiary,
d jury is drawn by lot.
The list, so made up once year, is
entirely in the hands of the judge.
In murder trial it is quite different.
The Judge makes up list of twenty men.
He has no list from which to select,
but they are men who are supposed to
be remote from tho scene of the crime
The venire facias is so constructed and
it is then issued as explained above.
Judge Robertson said yesterday that
this mode Of selecting !. Jury placed the