The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-11-15
JURIES LOVE AND CRIME.

| The whole world appears to be hay
ing trouble with the jury system. Juries
do not bring in yerdicts to suit the pro-
secutors and the prosecutors are taking
the field to work reform. 1t is the
same In the old world as in thiscountry
Limo Ferriana, an Italian prosecutor,
has written a book, even going so far
as to recommend system Of jurispru-
dence wherein the merits and demerits
of case shall be examined before the
case goes to trial. The idea is to care
fully analyze the mental and physical
characters of the parties connected
with the crime after the facts of the
crime has been established, and from
the character Of those parties find a yer
dict
Ferriana says: ITO my mind it Is a
great mistake to select jurors below the
age of 30 years, or to admit anybody to
duty in the jury box to decide a
murder case who is not schooled in
philosophy and psychology. Murderers
by passion in love should be proceeded
against upon principles resting on the
facts Of social experience; their trial
should be an inquiry of semi-scientific
principles into the physical, mental and
pathological characteristics of the per-
son accused, and of the victim as well.
When these elements of direct and in
direct testimony are lost sight of the
trial becomes one of public opinions
and prejudices. For myself hope to
see the day when a juror is held TO
establish the motive of the sentence
pronounced by him.
''To illustrate what have said will
quote at random q few cases from my
own practice in which the positive test
mony was entirely diSregarded and set
at naught by the jurors who tried them.
They happened in Italy, but little re-
search in the court records of the Unit |
ed States of America. of Germany. or
England will bring to light numerous
similar incidents of jurymen's incapaci- |
~ for judging crimes that are the out |
come OF love or passion.
"A man was accused before the AS |
sizes TO have murdered his little child |
by pouring a quantity of vitriol down |
her throat He had but 10 say that he |
committed the crime in order to save |
her from poverty 10 gain his acquittal /
"Some months ago 1 presented the
following case 10 jury of twelve men.
brave and true: A roue, good-for-nUth-
ing. through and through gambler and
prohigate into the bargain. married a
beautifully but thoroughly respectable
dancer, Of whom she soon tired. be-
cause he was unwilling 10 further his
plans. He left his bride without means,
spending his money with low COM
panions, and 10 save herself from starry
ing the poor woman was obliged TO sell
her jewels, one piece after another.
" hen. in the course of time. this gen
rleman' discovered 4 sum Of money in
his wifes possession which he had nuS
given her. he reproacied her with cyni-
al illusions. saying that he was glad
thar she had come around TO his way OF
thinking. The honest woman protest
ID her innocence and the husband. be-
coming ezra ced and perhaps also being
Knocked her down and
whipped her 10 death The above were
he true circumstances, yet the scoun-
irei WAS acquitted. because. so argued
he intelligent Jurors. he had reason
% suspect his wife OF unfaithfulness
% thst he acted on irresistible Impulse.
There we have a true woman diShon-
red in her grave-in the following case I;
/ dishonest creature Is declared sort
Il heroine by the jurors queer reason