Saint Mary's beacon., 1893-01-19
DRAWING JURrEs.

The Court Of Appeals in the case Of edi-
tor John W:Avirett, convicted in the Cir.
cult Court Of Allegheny county, Of libel
ing Judge Hoffman, reversed the decision
of the lowercnurt without awarding new
trial. Judge McSherry delivered the opin.
ion and in it makes the following pertinent
reference to drawing juries:
"Tbe most important question arises on
tho first plea in abatement as 10 the draw
ing OF the jury. Confessedly, the names
selected from which the jury was drawn
were not taken either from the
tax list or The poll books. That the names
actually selected happened TO he upon the
poll books or tax lists was an accident |;
they were not taken from either, and II
they We're not taken from either at the
time aud in the manner designated by the
law the plain letter as well as the spirit Of
the statute was clearly disregarded.
III the practice pursued in this case were
tolerated it is not difficult TO ioretell its
widespread and disastrous consequences
Designing or interested parties, or others at
tbeirinsiance, might with ease impose upon
a Judge by privately suggesting the names
OF persons unfit to be jurors; but what In
same means secure for their own sinister
ends an absolute dominion and control over
the jury
at would lie lasting reproach 70 the
administration of justice, If the courts sane
toned any construction 30 this statute
which would ford the slightest opportu.
niiv for the cunning, the crafty and the
unscFupulOus 10 secure the selection Of
ycnal, a rnirt or a pliable jury. And
vet such q result is precisely the one that
will come to pass, perhaps notimmediately,
hui none the less inevitably. unless the
rrgctice followed In this case is absolutely
abandoned aud Giscountenanced et once.
II the selection uf names be made private
Is, when the law declares that they shall
b. made publicly, If they be made before
the day DESIGNATED for them 90 be made,
when the law requires them TO be made on
that day, and ii they be made from sources
not mentioned by lhe statute instead Of
the two specifically prescribed thereby,
and yary Tins selected and drawn be
held TO be legally constituted panel. then
the most material provision Of the jury,
law viii be swept away by their judicial
legislation Because of the errors we have
indicated the Judgment must be reversed,
and, as the traverser cannot again be tried
upon an indictment returned by grand
jury improperly assembled, new trial will
not be awarded"
Under this decision, Judge Hoffman,
now holding court at Cumberland, has dis.
banded bis grand jury and sustained de-
niErTers toall its indictments thus causing
general Jail delivery in Allegheny.
This cecisi1n Of the Court of Appeals Ia
of more than passing interest in St. Mary's
because it settles that for years past in
drawing our juries the plain letter as well
as the spirit of the statute has been clearly
disTegarded.' We have been informed by
officials who attend ut the drawing of the
Jury iha. the names have not been publicly
selected en- the day designated for the
drawing, bnt that the Judge has brought
many Of the names TO the Court House al
ready written out and calling them OF TO
The Clerk ordered them to be put In the
box. On this point the Court Of Appeals
seems TO Us especially strong when Il says:
"If the selection of names be made privsfe.
iy," &c.