The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-16
ANSWERS OF TALESMEN.
Sometimes Candidates for the Jury
Say Things that Are
Funny
Lack OF Confidence in the Trust
worthiness OF Courts and
Newspapers.
III. barber 10 Fni Long-reit Want
Taiesmen who Didn't Know
Public Msn.

In the New York courts ignorance and
stupidity occasionally appear 20 be the
characteristics chiefly sought after among
jurors. The examination OF talesmen,
especially In murder cases, Is usually eN-
,esdinqlv tedious. but nc times flashes Of
wit or instances Of brilliant dizziness illu-
mine the proceedings Even men who in
the ordinary affairs Of life show great IA
tcllircnce sometimes become confused
when being examined by two shrewd law
vers and judge In crowded courtroom.
II their answers were afterward read TO
them 10y the stenographer, they would ac-
cuse him cf the prosscst Incompetence.
Certain stupid answers are given again
and again. st regular intervals crops mp
the man who says that he would take the
evidence from the law. or the law from
the evidence. or the evidence from the
court. OF the evidence from the prisoner =
counsel Here Is a variation OF that form
OF genial misiniormation:
GLOW would you determine the case II
selectedfn asked lawyer in general SEES
sions.
Il would take the law from the evil
dencc, and If there was any reasonable
doubt l would render verdict" This
seemed clear and straightforward enough,
but the man was excused.
would You take the law from the
court, or would you settle 10 for your
self" Recorder Smyth asked "a talesman.
"Oh l would hear what the court had
o say. and then would make up my
,lind. " came the answer coolly and al
most patronizingly.
The spectators thought that the rash
49,. ,.-,t.IN D.. ..orsrtfffaN ~ fha Tom a.
for contempt Of court, but the recorder,
the lines Of his face growing tense, calmly
asked. after a pause:
"What did you say your business was'"
"Cloakmaking.
"Well, YOU would better go and attend
20 IL for the rest Of the term" That was
all.
Some jurors have a delightful lack Of
confidence ia the trustworthiness Of news
paper reports. In "a murder trial every
man examined il asked il he has read
about the case. Sometimes he answers in
this strain: eyes, but never believe any
thing l read in the newspapers. / place
no credence in newspaper reports" This
is generally said breezily, but the reply is
not regarded by the court "a sign Of
overintelligence nor Is that not uncom-
mon one, "What / read makes no impress
sion on me"
There is a mistaken idea that a man
who has read anything about a crime can
not serve on the jury which tries the ac-
cused man. The law distinctly says that
even il he has made up his mind on the
question Of guilt he may still make a sat
isfactory juror under certain conditions.
The man need not even say he knows
that he would not be influenced by the
-. Il. l. d. III 4.
would not be. There are dozens of cases
in which the courts have held a juror TO
be competent even if he had read about
tho crime and had formed an opinion
which it would take evidence 20 remove,
provided that be agreed to decide only on
the evidence and regardless Of that former
impression.
At the same time this principle of law
istoR large extent nullified. because coun-
sci generally peremptorily challenges such
a man. The judge, however recognizes
that the best juror of all is often the man
who frankly Acknowledges that he has
read all about the case and has formed an
opinion but nevertheless can give an inn
partial verdict on the evidence.
In a trial in general sessions which at
tracted much attention the name Of bar
Der was drawn from the wheel Of fortune
by the clerk. one Of the questions asked
him was whether he had formed an opin-
ion about the prisoners guilt and ex-
pressed il 70 his customers.
Il had an opinion was the answer,
"but ! did not express il in my shop. I
never express opinions in my shop" The
latter part Of the answer was given with
emphasis.
"Your honor, this is the barber for
whom we have an been looking, " said the
lawyer for the defense, but the assistant
district attorney did not want such a man
on the jury.
In the same trial one OF two other tales
men showed lack Of backbone that de-
prived them Of seats in the jury box. One
man vacillated ia his views like "A wealth
ervane. First he said be would take tho
evidence from the court. then be said he
would take it under the courts ruling.
lie began by saying that he had a preju-
dice-a very strong prejudice against
man charged with killing womau-a
prejudice that could De removed only by
evidence that was overwhelmingly con
vinciug. A minute later he calmly said
u the judge.
81 have no prejudice in this case.
know that man charged with crime IS
considered innocent until proved guilty"
Ia despair the judge told him 90 get down
from the witness chair.
One talesman in the Sharp doodle"
trial said bee had never heard Of Jacob
Sharp. There was also one. at another
time. who didn't know who Chauncey NJ
Depew was In the trial Of Carlyle ".
Harris. W. Travers Jerome put this ques-
ton.
Are you acquainted with Ocean Grove
or Asbury Park
NO, sir. never met either, " was the
grave reply.
Another talesman In the same case wns
asked the usual question. DO you object
70 capital pun shmcutf'
No, sir, not 40 all." The tones were
40 cheerful and the man's mir 50 com
placent that Mr.. Jerou'e quickly asked,
What did you say your business wass"
Pm in the slaughteriug business. "
And the man smiled a. the grim Joke.
Mr.. jerome could not object 10 him too
quickly New York Tribune.
An Unexpected Pleasure.