The Democrat. (Scotland Neck, Halifax Co., N.C.) 1884-1896, 1895-07-25
ABOUT JURY TRIAL.

The NcWS ard Observer recently gave
utterance to the following thoughtful
observations
1t is fortunate that the twelve men
in Davidson who rendered the verdict
in the Shemwell case cannot deprive
the intelligent reading public OF the
right to pass on the case and to deter
mine what the verdict ought TO haYe
been. The public has read enough OF
the evidence to make up Its verdict
that the defendant was clearly guilty
and that the verdict of the jury Is q
reproach to itself and to the State
The innocent blood of the victim cries
aloud from the ground but our human
laws afford no remedy to punish the
crime. The jury's verdict, so far a.
this case is concerned, is final. The
appealing verdict Of the morality, intel
lieance and virtue of the State can not
reverse the finding. 1t must stand az
hu1niliating and menacing warning
emphasizing the grand defects in The
working machinery Of our criminal Ju
risprudence Is it possible that under
our laws there Is no certain protector
to human life; no positive SAFEGUARD
against armed violence no definite
punishment for the murderer?
The record OF this trial shows tina
thirty white men and women (onl,
three akin to the deceased) swore tina
they saw the defendant advance to thu
side Of Dr. Payne, and shoot him dowl
on the sidewalk, unarned and una
wares, in broad open daylight. Thi
was the States case.
The defendant, his son of eleven, an(
sister, swore to the contrary. This wa
the substance of the defendants test
mony.
Naturally enough the question
a ;ked how could the jury acqult?
Davidson has great many good pee
pie, but their wishes in this matte
} count for nothing. 1t is said tina
nearly all the intelligent and mora
class disconnected from the detendan
by business, kinship or relationship
had formed and expressed an Oplnlo
prior to the trial and had thus disqua
flied themselves to act as jurors thf
} some seventeen murders have bee
committed in the county since abOl
l 1860, and that one only has been COZ
victed of manslaughter, and one Lynch
ed and the lest acquitted that tn
failure to remove the cause for trial
a county where jury could be fOun
of moral character and sufficient int
: igence, unbiased and unprejudice
forced the State into a trial In Davidso
where most of the manhood and int
d Hgence of the county were exclude
e from the jury because OF opinion
formed and expressed, and the jul
selected from a class which was necess
T. rily non-representative and which tur
Il ed out to be biased and under son
i unknown influence of the defendar
e 1t was stated also IN the atfidavits f
l. removal that the defendant had o.
q canvassers in the county to mould pu
n lie sentiment and their work was dOl
Q somewhat after the fashsOn OF an orc
nary pun,lcal Ca1npsue-4. nol--;ls.
q has the reputation of having about 8
t men in 1t who sell their votes at eve
!. election this, Of course, her good pc
PIC ttClIOIC, DCCdtSc III IcllCS 10 DuDl
l. and private debauchery.
y This trial marks an era IN Grimm
IS Jurisprudence IN the State. The yerdi
'e can not be reversed but public opini,
T. and safety to human life Will demal
reforms and speedy remedies.
:, In capital cases the defendant has
' peremptory challenges the State b
only 4. This must be changed
When fair trials are impossible hefC
h jurors selected from the county OF t
homicide, there ought to be power We
d ed IN the Judge to send and get ju
ID from some other county This W
save costs and prevent delays.
The names of the men which go III
the jury box ought to be limited-r
Us Idly llmlted-sO as to have only men
. high character and intelligence on
= the juries. There must be some !;
a. to exclude from the jury box ven
Ell ignorant and incompetent jurors. H,
can 1t be possible to prevent a defer
'e ant from getting bad and ignorant m
st on the jury if the law permits t
, names of bad and ignorant men to
~ put into the jury box? If bad men {
e. permitted to be jurors how can
w escape bad verdicts? To go to the re
> Of the matter there must be III
reform other reforms may be sugge
ed, but not until virtue, character a
- intelligence sit on the juries will the
~ be verdlcts that punish crime
Y, The universal condemnation of t
- result Of this trial affords a suitable {
portunity to discuss remedies, and tt
re paper will be glad to hear suggestio
y from wise and good men.