Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-01-04
AMUSING TALESMEN.
THEY SOMETIMES SAY THINGS WHICH
/ ARE VERY FUNNY.
Lack of Confidence In the Trustw orthiness
ofNewspapers-The Barber Long Looked
Men and Places.

ofNewspapers-The Barber Long Looked
For-Tsiesmen Who Didn't Know Public
Men and Places.
| In the New York courts ignorance and
stupidity occasionally appear to be the
characteristics chiefly sought after among
jurors The examination of talesmen,
especially i'll murder cases. is usually ex-
reedingly tedious. but at times flashes Of
wit or instances of brilliant dullness iIIu-
mine the proceedings. Even men who in
the ordinary affairs of life show great in
telligence sometimes become confused
when being examined by two shrewd law
yers and n judge in crowded courtroom.
Ii their answers were afterward read to
them by the stenographer, they would ac-
cuse him of the grossest incompetence.
Certain stupid answers are given again
and again. At regular intervals crops up
fhe man who says that he would take the
evidence from the law, or the law from
the evidence, or the evidence from the
rourt, or the evidence from the prisoners
counsel. Here is Il variation of that form
of genial misinformation:
'How would you determine the case IL
selected" asked lawyer in general ses-
sions.
II would take the law from the evil
dence, and il 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 it for your
self" Recorder Smyth asked a talesman.
"Oh, l would hear what the court had
to say, and then would make up my
mind" came the answer coolly and al
most patronizingly.
The spectators thought that the rash
man would be committed to the Tombs
for contempt of court. but the recorder,
the lines of his face growing tense. calmly
asked. after Il pause:
what did You say your business was?"
"Cloukmaking."
well, you would better go and attend
to it for the rest OF the term" That was
all.
Some jurors have delightful lack of
confidence in the trustworthiness OF news
paper reports. In murder trial every
man examined is asked ii he has read
about the case. Sometimes he answers in
this strain: "Yes, but never believe any
thing read in the newspapers. place
no credence in newspaper reports" This
is generally said breezily. but the reply is
not regarded by the court as Il sign OF
overintelligence nor is that not uncom-
mon one, what read makes no impress
sion on me-"
There is II mistaken idea that man
who has read anything about crime can
not serve on the jury which tries the ac-
cused man. The law distinctly says that
even if he has made up his mind on the
| ha vSfil Ea n Saf
isfactory juror under certain conditions.
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
in which the courts have held II juror to
be competent even if he had read about
the crime and had formed an opinion
which it would take evidence to remove,
provided that he agreed to decide only on
the evidence and regardless of that former
impression. $3.50 r'sf1'.-i~ 'a''4'.
At the same time, this principle of law
is TO II large extent nullified, because coun-
sci generally peremptotfiy 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 MI about the case and has formed an
opinion, but nevertheless can give an i'm
partial verdict on the evidence.
In IL trial il general sessions which at
tracted muchnttention tho name of a bar
Der was drawn from tho 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 it to his customers.
81 had an opinion" was the answer,
"but | did not express it in my shop
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 all been looking" said the
lawyer for the defense. but the assistant
district attorney did not want such man
on the jury.
In tho same trial one or two other tales
men showed n lack of backbone that de-
prived them Of seats in the jury box. One
man vacillated in his views like wealth
ervane First he said he would take the
evidence from the court, then he said he
would tnke it under the courts ruling
, He began by saying that he had preju-
dice-a very strong preiudice-against
man charged with killing woman-a
. preiudice that could he removed only by
evidence that was overwhelmingly con-
yipcipu. A minute later he calmly said
l
to the Judge:
II have no prejudice in this case. l
know that II man charged with crime IS
, considered innocent until proved guilty
: In despair the Judge told him to get down
from the witness chair.
One talesman in the Sharp doodle"
. trial said he 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 W.
Harris. W. Travers Jerome put this cues
. ton:
Are you acquainted with Ocean Grove
, or Asbury Park:' 81
( NO, sir. never met either" was the
grave reply.
Another talesman in the same case was
asked the usual question. "Do you object
to capital punishment"
mo, sir, not at ALL" The tones were
1 no cheerful and the mans air SO COM
placent that Mr.. Jerome quickly asked.
( :'What did you say your business wasF' :,
'I'm in the Strengthening business
. And the man smiled at the grim joke
, Mr.. Jerome could not object to him too
,uickly,-New York Tribune.