The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1893-02-02
Qualifications Of Jurors.

Qualifications Of Jurors.
The supreme court of Illinois has granted a
new trial to Daniel Coughlin. the only survivor
of the trio who were convicted and sentenced to
life for the murder of DR.. Cronin The decision.
which was prepared and read by Chief Justice
Bailey. is based on the ground that Bentecon
and Clark were permitted to sit as Jurors not
withstanding their admission that they had
formed an opinion. They were accepted because
they said that their opinions would not deter
them from returning verdict in harmony with
the evidence. The court holds that this did not
make them competent a juror it says.
"who is known to have in his mind fixed and
positive opinion is not impartial The fact that
he gave fair and impartial verdict according to
the evidence. notwithstanding he had previously
testified that he had formed an opinion does
not remove the barriers that disquafy him.
Many eases are cited in support of this and the
decision concludes with the assertion that to
compel person accused of a crime to be tried
by Juror who is prejudiced in the case is not to
give him fair trial
Dissenting opinions were filed by Justices Scho-
field and Magruder. The latter says that Ben
tecon and Clark based their opinions on news
their ability to fairly and impartially render a
verdict in the case in accordance with the law
and evidence. IF men who read newspapers
are excluded from the jury box. he adds trial
by jury might as Well be abolished The fact
that juror has expressed an opinion based on
newspaper statements does not necessarily dis
qualify him.
1t is undoubtedly true, as newspaper reading
is constantly hpcOInn0 marc raDpral that ,t,a,,
are to be excluded from iuries because of opin-
ions based on newspaper reports only persons
who are ignorant will he competent to serve in
the trial of cases. Where intelligence should be
an Indispensable qualification, it will become
disqualification. Yet while ali this is obvious.
there is evident force in the suggestion of the
are quite apt to engender prejudice. and that
prejUdiced persons are not fit to sit on llIrieS
The human mind is peculiarly constituted
that however willing Il man may be to form a
new opinion based on facts as developed by evi-
dence he cannot diycst himself of the leanings
created by his original opinion. This phenome-
non is common in every day affairs of life, espe-
cially in politics, where we find men constantly
seeking for something to bolster and Justify
opinions and preiudces which even their own
Judgment has discredited. But whichever side
Of the court has the better of the argument, the
majority opinion establishes a most important
precedent. In selecting iurieS Illinois courts
must hereafter conform to it. and it will quite
probably affect the selection of jures in other
states. Aside from the principle involved and
which profoundly interests the public, the deci-
sion is of special interest to COughn. 1t may
not have opened to him an avenue to liberty but
unless he be Il victim of irremediable despair it
will excite his hopes and at least temporarily
diSpel the gloom Of his imprisonment There is
reason to believe him guilty. but in common
fairness. when again placed at the bar he should
be tried By a jury which will seek to satisfy and
Justify justice rather than inamed public opin-
ion. -DuI),tqW TcicgdDh