The San Francisco call., 1895-08-01
A WORD WITH VENIREMEN.

A notorious and difficult murder trial
generally requires the summoning of a
large number of citizens from whom to
select a jury. Panel after panel is ex-
hausted and hundreds of men are exam
ined and dismissed in the apparently
simple task of finding twelve intelligent
and fair-minded men to constitute the
jury. In this process days and sometimes
weeks are consumed, justice is delayed,
expense is incurred, private business is
interfered with, and the public is kept on
an unwholesome and demoralizing strain.
ALI this would be unnecessary if it were
not for two petty and deplorable things.
The first of these is that men are prone
to shirk their duty. Their business may
suffer, they must endure long and severe
mental strain; in a sense they are prison
ers and at the end they may have to en-
counter the reprobation of the public.
The inducement, therefore, to avoid serv-
ing is exceedingly strong, and to secure
exemption some men run the risk Of hav-
ing it believed of them that they have not
told the truth under oath. 1t requires
certain high order of conscience, manhood
and citizenship to resist this temptation to
commit one of the gravest public wrongs
of which an individual is capable. No man
who shirks jury duty can call himself a
worthy citizen. AS rule we may judge a
mans character and citizenship by his
willingness or unwillingness to uphold and
assist in enforcing the laws which guard
his and his neighbors' deepest interests.
The chief means by which it is supposed
some veniremen disqualify themselves are
by testifying that they do not believe in
capital punishment and that they would
not convict on circumstantial evidence.
With regard to the first objection it is con-
scientiously held by a large number of in
telligent men. 1t is largely matter of
sentiment, and argument against it would
be improbable. A mans intimate friends
may be able TO determine whether he has
sworn falsely in urging it, and they may
Judge his honesty and citizenship accord
inglv. With regard to conviction on what
the law defines as sufficient circumstantial
evidence, the holding of fixed opinion is
largely matter of intelligence. A man
who has not sufficient intelligence to be
willing to convict on sufficient circum-
stantial evidence generally creates pre-
sumption that he is not worthy of exercis-
ing the right to vote. There are excep-
tions, bat generally a mans intelligence
may be judged by his attitude in that
matter.
The second loophole is found in the
holding of an opinion concerning the guilt
or innocence of the accused. Some men
will swear that they have an opinion SO
strong that no evidence could remove it.
This is confession of a most lamenta BILE
lack of intelligence. The Judge and law
yers know that approximately every per-
son in the community who has read or
heard of the case has an opinion-generally
very strong one-concerning the guilt or
innocence of the person charged with the
crime. The question as to whether this
opinion is held is generally expected to be
answered in the affirmative. 1t is when
the venireman shows that he is fair, hon.
est and intelligent and has the common
sense to hear, understand and weigh all
kinds of evidence and render verdict
prompted by ordinary wisdom and justice
that he is deemed acceptable, even though
he may have an opinion which strong evil
dence is required to overcome. Many
men overlook the fact that the point of
view of juryman is wholly different from
that of a private citizen who forms an
opinion on an exceedingly loose and i'm
perfect presentation of the alleged facts.
A trial is the product of finely adjusted
machine and is as nearly perfect as human
science can make it. The man who can
not understand this difference and cannot
appreciate the vastly greater difference
between loose opinion as casual reader
and the serious obligations and response
bilities that rest upon him as a iuryman
sworn to uphold the law, and swears that
no evidence could change his opinion,
must expect to create doubt that affects
either his truthfulness or his intelligence.