Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-19
JUDGES AND JURIES.
How the Administration OF Ou'
Criminal Laws May lie Improved.
(For the Dispatch.)


John w. Rely, who was one OF the re-
visors OF the Code Of 1887. and Is now one
OF the Judges of the Supreme Court OF
Appeals. II was a valuable contribution
to legal literature. and the association
provided for Its circulation.
We desire to call attention to one OF
the evils noticed by Mr.. Rely in his
paper as existing in the administration
of the criminal laws. for the laws them
selves are good enough. and the failure
OF justice, he says. lis not due to any
defect In the law. That is plain and
sufficiently severe. The system of crmi-
nal laws and criminal procedure Of Nir-
GINA will compare favorably with that
Of any other State or country. The
fault. l apprehend, is TO be found in It's
administration
Mr.. Rely then proceeded to show that
one Of the main causes for dissatisfaction
with criminal prosecutions is the delays
incident to trial: be showed that the
Bill OF Rights guarantees TO every ac-
cused person "a speedy trial by an i'm
partial jury; that there is a term Of the
county and corporation courts held every
month, and while only certain OF them
are regular grand jury terms, there may
be grand jury at any or all of them
and further, that when an indictment is
found against a person for felony, the
accused shall, unless good cause be
shown for continuance. be arraigned
and tried al the same term" 1t will be
seen al once, then. that delay In the
prosecution OF criminal s no fault OF
the law. and that the blame therefor.
II 1t exists in any case. must rest with
either the trial judge or the Common
weatiiS Attorney, or both.
JURY TRIAL.
Mr.. Rely next addressed his attention
to that cause for dissatisfaction which ex-
lists in the jury-trial, and 1t is to certain
features OF this " which we wish to
direct attention. But what he said on
this subject IL so well and wisely said
that we cannot do better than to quote
from him. Thus:
Criminals escape also through the in
competency or dishonesty of Jurors the
penalty justly due their crimes or are
visited with punishment so slight as 10
stamp the trial as a trayesty upon ius-
tice; but no impression is made upon the
general public until some crime, which
has excited its interest goes UNPUBLISHED
ana IL Is shocked by the verdict. sig
nal instance OF this kind occurred some
time since in city of the South whose
tragic results attracted the attention of
the entire country. Indignant at the es-
cape of guilty men from punishment
through corrupt jurors, and actuated by
the right Of self-preservation, the citi-
zens avenged the wrong but they there
by broke the law themselves.
When guilty men. through the verdicts
OF juries escape punishment. complaint
Is loud that trial by jury is failure and
the law itself is reproached. 1t comes,
too. from the intelligent, the conserva-
tive, and law-abding citizens, who are
the best qualified to perform the i'm
portant duties OF jurors. but who, oftener
than otherwise, have secured for them
selves exemption from service on juries,
or when called upon TO render such ser
vice manifest great repugnance 10 doing
So and offer every possible excuse and
interpose any obstacle 10 escape from IL.
Government brings TO our homes the
blessings OF peace and safety. and pro-
tects us in the enjoyment Of the fruit of
our labors. Its authority must be main
tanned; crime punished; life made safe,
and property protected. 1t Is the duty
Of every citizen who enjoys the blessings
Of government to perform his part of its
necessary service, however inconvenient
or distasteful it may be to him. He who
avoids it fails in his duty as good and
true citizen. This obligation is enforced
in eloquent language by the grand JrJy
in their report on the lynchng OF the
Malta at New Orleans
1--we are prompted they said, TO ex-
press ourselves in depreciation OF the
hesitation of many Of our citizens to be
connected with criminal prosecution by
seeking relief from jury duty. The intel
ligent and law-abding. with those en-
gagged in the various enterprises of bust
ness and trade, must recognize the obli-
cation without which the guilty too often
go unpublished. We urge them to cast
OFF this repugnance, TO rise superior to the
annOyances attendant upon trials, stand
ing up with the great majority OF their
| feliow-men in condemnation of the de-
testable practices brought TO high de-
gree OF perfection by the frequency of
their practice. which threaten to deaden
and destroy the virtues Of the criminal
code. TO debase the temple OF justice for
ignoble ends. and degrade the cherished
right of trial by jury" from its high posi-
ton as the exponent Of truth, justice, and
right
THE public service renders proper some
| exemptions from this duty. but they
should be no more than are necessary.
Few persons are aware OF the extent of
these exemptions unless they have taken
| the pains to examine into this subject. A
full page OF the Code is occupied in mere
| ly enumerating by classes the persons ex-
| empted. How many they are II would
| be difficult to estimate. The exemptions
| narrow somewhat the field Of selection for
service on Jures, while the known re-
| luctance OF busy men to serve disposes
| the judges To pass them by also While
| the revis0rs were engaged in their work
| an eminent Judge OF a corporation court
| OF one of our cities stated to them that
| by reason OF the great number of per-
| sons exempted he found il difficult TO
obtain always suitable juries to try the
cases in his court. and asked them II
| they could not reduce the list OF ex-
emptions. They did so to a limited ex-
! tent but the Committee Of the Legisla-
ture on Revision. to whom the work was
| submitted. overruled what they had done.
and restored all exemptions.
by statute, jurors for the trial OF
| criminal offences are summoned from a
| list of names furnished TO the officer by
| the judge OF the county or corporation
| court, as the case may be. 1t follows
| as an axiom that II the names OF quail
| fed persons are furnished by the judge,
| the jury must necessarily be composed
| OF only competent men. The constitution
| Of the jury is therefore in the hands
| Of the judge Of the trial court. This respon-
| sible duty should be carefully performed.
| The best men OF every class should be
| selected for this service. Men thus Sc
| lected from the midst OF the population
and carefully chosen from all classes
| OF the community assure a discerning
| and impartial administration OF Justice
| And when selected they should be COM
PEELED 10 serve. unless for good and suf-
| ticient cause. Mere Discrimination or re-
| puPuanca Inconvenience n the demand