New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-15
BETTER MEN FOR JURORS.
JUSTICE BARRETT SPEAKS OF THE ABsO-
Lutte NECESSITY OF GETTING THEM.

Lutte NECESSITY OF GETTING THEM.
HE SAYS THAT SOCIETY rs IMPERILLED BY THE
CLASS OF MEN WHO NOW sERvE-THE PA
TRIoTIC DUTY OF MEN OF REsPEcTA-
BIIITY AND INTELLIGENCE
SOME SUGGESTIONS.
Is the Jury system a failure? Is the question
which has been asked many times since the Nc
Laughn trial. Justice Barrett. who will gener-
ally be accepted having an expert knowledge
Of the jury question. says mo-. but there are ma
terial qualifications to his answer. and several
large and pregnant ifs to be considered. Judge
Barrett's idea IL somewhat like that or the PM
losopher who said that despotism was the pest
possible form OF government if only the right
kind OF welded the absolute power 80
Judge Barrett says OF the jury system tnat II Is
a fine institution-if the right kind of citizens VIII
serve on iuries Here some Of the things he
said to a Tribune reporter yesterday
'The Anglo-Saxon race generally solves its
great problems satisfactorily when once set
squarcly face to face with them. The McLaugh-
lin trial has put the people of the state OF New
York squarcy in front Of the problem; Is our
machinery Of justice going to break down IN great
criminal trials or course. the spirit OF the old
common law tnat dominates criminal pid''"c s''
more than It does the civil courts is somewhat an
tiquated II goes back to the day when all legai
forms were simply so many bulwarks erected by
the people and their leaders against the over
shadowing power Of the king Everything is for
the benefit of the accused. There Is the pre-
sumption Of innocence the doctrine Of reasonable
doubt the requirement Of a unanimous verdict
and the non-existence OF any preconceived opinion
nh, in he min of he
State OF New-York has abandoned the last re-
strictlon. and enacted that the formation If
previous opinion by the talesman shall not shut
him out from the Jury -bov-if he Is Intelligent and
can consclenti0usly say that hc will disa Duse his
mind of that opinion and weigh the case on the
evidence With this relaxation ~ the old rule
the jury system is y perfectly feasible method "i
trying the most widely discussed case. II one thng
can be brought about by the press and an aroused
public sentiment That one thing IS this:
THE HIGHEST FORM or PATRIOTISM.
Keep Il before the people that jury duty Is
the highest form of patriotic service To the
state As the flower OF our youth are proud To
serve in the militia and go To- the front when
foreign enemies or domestic rioters raise their
hands against the state. So should the best IN
telIect and character Of middle lifc and ripe
maturity be ready to protect IN" lives ana prop
criy Of the citizens In the jury-boX.
What Is the story II the Mclaughlin tr7alF
For three weeks sat early ana .atc trying our
level best to tempt every talcsman of ordinary
intelligence into the jury-box. Every man "'
ordinary character and intellectually WI" ''"n'
, up for examination was welcomed Win "p'H
arms and most persisfcntly coaNcd TO say thh'
he would weigh this spcl ial case. about whi'h ne
knew liitc or nothing. 'mp'ri"lH, even t""usn ,t.
ne hnd rcnd the testimony before the L"No"
Committee Did the average ta,csmdn or chnr-
acter and education lend himself honestly To thc
cff1rt 81 counsel To determine his ability 20 re,-
70, an impartial verdict? Not Mt all. iiis only
thought was to shirk his duties 10 the Common
wealth and 10 himself ~ citiZcn IT'S 'eeth
were shut and his mind made up To escape ny
lrsis,.ug that he had formed 80 deep-scatrd an
opinion that he WIS disqualified.
',The other type the thirk headed man OF. no
r,rf,luiar education nr character who was inosi
,.,ifi,y D., ..ry. and most acceptable to tho dc
fence Was not tn stun that juries should h"
made a. and the prosecution was compel'h 10
fan back IN tho question "i Intelligence ana
prove his disaualincaiions 10y a rigid eNamna-
tipn oH that point.
III thi, sort Of thing l. 10 go on IT Will become
,unosslhle 10 convict any but the meanest crimi-
nais The science ~ crime will be reduced TO one
nrIncip,e-be famous fclon and you will be
come an unpunishah" 'n"
PUBLIC SAFETY INVOLVED
"rt ,s time that cur people II character and
property and family should be told plainly that
Z, thev care for the safety of their regulations
and property and families and that OF the'r
friends and ncighbors. they must tax" th'ir sh"r'
I'm the disagrecablc duties II the jury box or ''se
government society and the family VIII become
the helpless prey II organized crime.
.,,,cuicerc. is essential In good juryman.
| and the popuiar impression that ignorance "'
svorvthine Is the first ard only quaiiiiration Is
| NOT supported a. II by the law as nave s"'p
| ,r.re II takes an intelligent man 10 grasp TN
LOCAL definition OF fear as factor III cn,'r'l''i'
as II figured in the Mclaughlin case me .,'"n
h Lnows no fear but the bodily sensation tha'
| caused the check to blancn an" tlr p", pI .h
quicken would absolutely iaii To 'onP'rnr"' & -.
fcar Of injury business and pf"pr'N; f'
80 too unImportant In extent TO uns't'le 'h'
nerves Of W aalthy builder ior an lhS''''' an, T.,
vet sufficient to cxi'rt rom NH, i,i,,ocs ~ ,hn
! tackmaiI s. that with the chai'hR'S =" w NJ
s"cu,ion against stupidity the anxiety "i '"',
/ Intelligent tacsmer L" insist '"a' t t tv
r,,ned opininns and - oscaprh ,"' J"''
t m. twenty peremptory challenges ol 'nc
anu NV tna nevspaper readers who had al
,'nh ,bnmselyes to bc wheedled into the au'',is
.,on thai they could render an inpa' ipi hIL ,he
even II their minds WEI" "''
,r.orv days dragged on , ,,,,,,
.isn.t 4, a fact that II men Of character w"u'"
serve on the jury many oi me -, ,h ,ri"l and <,
strictions could be relaxed 'u' M VA Wv -, saJ ,h,
| ~ terrors of the juryhox b" reduced "sN'n NV
| reporter ., 49,. t,,dya 'If We could have
aha, ts ralled a struck jury. whch II Sp,''ct,'e -
i Ia,
aii""'u !" ,.k thcp M over night That H. II
,r ',,,ri could select two men vi hlsn'S' '"'' :"
,nr and widest acquaintance VINO smYml' oan ,b
,, 49,, fftv of The best names of the ooooo o,' " '
plc~ 1"' % ",, , ,hen have the jury selected iroin
!n's !!'s I'M ,oo names. there would be jury wnch
,n",' .,,'i he above the possibility Of suspicion anu
lis members might go and come ~ ireeN '' WV
IGre Barrett also said that he believed s 'i,a' a
,hreerourths majority rule might wen DC ~
tu.d for the present one recurring ,ni,ht
raj o
he given He also thought that the p'ope u snV" as
~ o,titI.d 10 ask for change of venue az WI, @ "
me defendant, This was the law before '',' 'Ps.
Wv wv ~, uut thc burden ~ the learned Jnnse
ra,.,arts and the thought uppermost IN ms l'
soomed t he that the present law was a''Ps i.' ~"
G.nt f,r The speedy and impartial tfi'l III W ~ ' @
m,s yre,t and small. II only the cltiZhs WI" ." ~
III, 49, t,lesmen would do their du'N I" '"''
,"nscienccs and 10 the State of Ncw-,"'N'
....ruA1AN MY BE uEL.D TO ltl.NMr"