New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-17
SAYINGS OF TALESMEN.
THINGS SOME OF THEM DON'T KNOW.
PREMIUM on STUPID1TY-REASON\ BLE
IOUBT DEFINED THE MET,PfIY-

| S1tItN NOT WANTED.
| In the New-York courts ignorance and stupidity
occasionally appear to be the characteristics chiefly
sought after among jurors. The examination OF
taesnen especially in murder cases is usually ex-
ceellng,y tedious. but at times flashes OF wit or
Instances Of brilliant dulness umine the proceed
Ings Even who in the ordinary affairs OF
life show great Intelligence sometimes become con-
fused when being examined by two shrewd lawyers
and a Judge In n crowded courtroom. II their an
swers were afterward read to them by the stenog-
rapher they would him OF the grossest in
competence.
THEY WANT TO BE JURORS AND JUDGES
Certain stupid answers given again and
again. At regular intervals crops up the man who
says that he would take the evidence from the law
or the law from the evidence. the evidence from
IN. court or the evidence from the prisoners coun
sci Here is a variation of that form of genial mis-
Information:
How would you determine the case II selected?'
asked n lawyer In General Sessions
Il would take the law from the evidence. and II
there was any ref sonable 'Hubt | would render
verdict" This se, med clear and straightforward
enough but the excused
Would you take the law from the Court or would
you settle II for Yourself" Recorder Smyth asked
"A ta"snln.
"oh | would hear what the Court had to say. and
then would make mp my mind came the answer
coolly and almost patronizngly.
The spectators fought that the rash man would
be committed to the Tombs for contempt OF court.
but the Recorder. the lines In his face growing
tense calmly asked. after pause:
"What ala you say your business was?
"Cloakmakng."
! We'll YOU would better go and attend to 1t for
| the rest Of he term" That was all.
In every capital case reasonable doubt IL men,
toned a hundred tines. one taesman was asked:
| What do you mean by reasonable doubt?
! III the counsel for the defendant makes state
/ ~, ielie hon thprp a "A
reasonable doubt" The prisoners lawyer. with
rnefui look said that he couldn't have such man
In one 81 the twelve chairs.
! TALTsMEN AND THE NEWSPAPERS.
Some Jurors have q delightful lack OF confidence
| In the ,rustworthiness OF newspaper reports In
| murder trial every man examined is asked II ne
| has read about the case. Sometimes he answers In
| this strain Yes. but never believe anything
read in the newspapers. place no credence IN
newspaper reports" This is generally said breeziy.
| mn, the reply IL not regarded by the Court as
sign OF observation-disclosures. or Is that not uncommon
one 'Wha, read makes no impression on me.
There Is a mistaken idea that man who has
| read anything about crime cannot serve on inc
| Jury which tries the accused man. The law dis
tinctly saws that even II he has made up his mind
on the question OF guilt. he may sti make salts
factory Juror under certain conditions. The exact
words OF the statute are:
.'Iut the previous expression formation OF an
Innocence OF the defendant. or present opinion or
impression thereto. Is not sufficient ground OF
challenge II he declare oath that he be.
lieves that such opinion impression VIII not In
nuence his verdict. and the court Is satisfied OF this
The man need not even say he knows that he would
not be Influenced by the opinion. but merely that
he believes he would not be. There are dozens OF
cases I'm which the courts have held juror TO be
competent even II he had read about the crime ana
had formed an opinion which 1t would take evil
dence to remove provided that he agreed to decide
only on the evidence and regardless OF that former
impression.
At the same time. this principle OF law ls TO
large extent nuned because counsel generally
pcrenp,orily challenges such man r me ju1se
nft"n the man who frankly acknowledges that he
has read all abou, the case anu mas rori1h v an
opinion but nevertheless can give hh inhpa'Ua 'e'
diet the evidence.
A NOTABLE BARBER. THIS.
In n trial In General Sessions which attracted
much attention the name Of a barber was drawn
from the wheel Of fortune by the clerk one OF the
| questions asked him was whether he had formed
an opinion about the prisoners guiit ana eNPreSseu
IL to his customers.
Il had an OPINION was the answer. but did
express II in my shop l never express pre- opn-
, Was given ii en- with emphasis.
Your Honor. this is the barber for whom we
fence al but the Assistant District Attorney did not
want such a man on the jury .,o,
showed a lack OF backbone that deprived them OF
seats the one r man va yacae n IN o hii
take the evidence from the Court then he said he
would take 1t under the ''orrts ruling lie began
by saying that ne had prejudice "A very strong
prejudice against a man charged with killing >,
svience that was oVerwheImlnsiy convincing
minute later he calmly said to the Judge: ,.,
n man p Sn%'S guilty IN despair hs Judge told him
one taesmsn In the Sharp "boode' trial said he
had never heard of Jacob Sharp. There also
e. bepsw Mss n0 f" 4s snC OF y cn2S Ss"V
Harris W. Travers Jerome, put this question:
bury Park"
Another talesnan in the same was asked
the usual question: DO you object to capital pun
mo sir: not at all" The tones were so cheerful
h he e ali WHAT @ S ay 9a your M
was! s,.,...,-. ,,..,... .., 49,. ,...
smiled ID al at the grim joke Mr.. jerome could not
object 10 him too quickly
RUNNING EXTRAORDINARY.
similar grewsome pleasantly was INDUCED In
by one OF the lawyers for the defence In doodle"
trial. Here some Of the questions:
what Is your business?
'T'ndertaker."
"Ah. And II you made up your mind you would
have sim opinon?'
YOU would undertake the case with a OF
the grave rssponsIbity?" A..
~ would" There were broad smiles on the
ySu 1y out O&SG IN the nesarse
BY this time, the corr, room in a roar and
In the jury-r many men undoubtedly yield
their own opinions II the majority against them Is
Admitted that II he be.sa the defendant guilt;
and ten or eleven of the Jurors did not he would
'I In " case before Judge cowns juror who