The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-23
A GUIDE FOR JURYMEN,
Compiled by G. w. de Medici,
Who Was Censured for
Taking a Drink.
ETHICS OF THE COURTROOM
Clrcumspection In Behavior Taught
by the Recent Case Of DR..
Buchanan.

During the trial of DR.. Buchanan one
luryman learned by hard experience that
one acting in such capacity must be cir
cumspect in his behavior. This was
Charles w. de Medici, a mathematician,
who was censured for taking drink with
Charles W. Brooke, counsel for the de-
| fense
The incident led Mr.. de Medici to study
the subject, says the New York World,
and to compile jurors manual. 1t was
commended by the late Judge MARITIME,
and is reprinted here:
| l. 1t is the duty of juror to become ac
qualnted with tbs obligations he owes the
community which he represents while per-
| forming the functions of a iuryman. He
| should know the relation of himself to the
Judge on the bench (the court) as well as
TO his fellow-iurors in the jury-room.
| 2. Every talesman drawn as q juror
should understand he is supposed to be
! reputable citizen, who temporarily has
| been appointed a factor in the administra-
| ton OF justice by the people.
3. He should be willing for the time he
| nils that responsible position to relinquish
Claims to personal prerogatiyes which IN
any way will detract from the dignity or
interfere with the just performance of his
| jury duty.
4. It is supposed that persons fit for Jury
duty have sufficient intelligence and will
power TO override any bias or prejudice re-
sultlng from reading or hearing something
| about the case on trial other than which
the evidence suggests.
5. a juror should bear in mind that the
Judge on the bench is his preceptor. and
for the time the highest authority as re-
CARDS Interpretation of the law bearing on
the case before the court.
8. Every person tried before a court of
Justice has right to be considered inno-
cent until all the facts in the case are
brought out by evidence TO the contrary,
has been indicted by the Grand Jury,
which means that the defendant has
been. accused OF something not vet
proven. II, therefore, insufficient evil
dence or conflicting testimony creates a
doubt IN the minds OF the jury the defend
doubt. provided there are sufficient reasons
given TO sustain the doubt so as TO make it
a reasonable conclusion.
z. When juror is sworn and seated in
the jury box be has right to know that
he and his eleven fellow Jurors are sole
Judges OF the testimony ELECTED during
the trial as TO whether it is true, doubtful
or false. He has also right TO deliberate
and silt the testimony given so as
to determine in his mind what the
facts are which have been estab-
hshed by evidence and what part
prove any fact Furthermore, the Juror
has right TO discriminate between opin-
donated testimony, apparent facts and real
facts; and 1t is even his duty 10 disregard
uncorroborated testimony of experts and
informers. He has, however, a right to
accept the defendants statement for what
1t is worth according to his own conscience
g. Dignity should reign in the Jury
room by self-imposed respect fitting the |
occasion. Neither frivolity nor indiffer-
ence should be manifested. The executive /
function OF the juror begins and ends in |
the lury-room, and each one should seri- |
ously consider the moral responsibility !
imposed, which on the one hand calls for |
righteous verdict in conformity TO law
and order, and, on the other, for that hu- |
name consideration which every unfortu- |
nate fellow citizen expects from a right /
eous jury.
8. While every Juror has the privilege to /
think over the evidence and testimony |
given in his own way, he should not per |
nit himself to become opinionated and |
refuse to reason with his fellow-jurors so |
long as single question relating to the |
case remains unsettled.
10 While, according to law, one Juror |
can hang the whole jury, it is not good |
form SO to do where no reason for such act |
exists other than ones own willful DISPOSE |
ton.
Ii 1t is not good ethics for all to talk at
once IN the iury-room. The foreman of q /
jury should be respected by his fellow |
jurors as the chairman OF any decent
meeting. and it is supposed when he |
calls for order it will be gracefully re- |
ceived and obeyed. The first move of /
the jury, after order is called, is to |
ballot for the guilt or innocence of the |
defendant in a general way (Raising |
OF hands is not expected in a jury-room5. |
When the ballots are counted arguments of |
opPosites are in order, after which new
ballots should be taken. Reduced to a |
small opposition, compromise as to de-
gree of crime is in order, and good and in |
telligent jurors will not disagree where a |
fair compromise is possible without ignor- |
ing the law or denying the facts.
Il. EN- bracery is serious crime. This
should be understood by every Juror. |
Esmsbraeery means that q. juror has been
sons interested on either side of case /
on trial SO as to cause him to omit |
doing his duty as juror. To establish /
the crime, however. mistriai must result. |
Nevertheless, it is wiser and better for apy |
juror to keep his mind to himself as well |
n ~