Kansas City daily journal. [volume] (Kansas City, Mo.) 1892-1897, 1895-04-22
EUROPEAN JURlES.
Great Care Eycrcised-Thc Service Is Oblig-
ntory Under Henvy Penalty.

\ correspondent in the Plttsburg Dis
patch outlines the system employed in
various European countries for the Sc
lection OF Jurors.
In France the number of names to be
placed on an annual list for each de-
partment is fixed by law. Once year
the justices of the peace, his deputies
and the head Cmare) of each ward
tcommune) of a district (canton) meet
double the number Of names to which
the district is entitled, which list is ex-
posed to public. view for objection during
two weeks. All such lists are then sent,
with the objections, to the president of the
civil court of the county (arrondissemenD
who, with the justice of the peace and the
county council. reduces the number to
one-half by choice, and from this list that
two drawings BY lot.
Let it here be remarked that in France
as in all other countries of the Continent
where the jury system is in use, 1t is EN-
ployed only for criminal matters, as the
European jurists as rule are strongly OPP
posed to trusting the complicated matters
of civil life to jury trial
Germany has adopted most complicated
system of selecting Jurors, by the action
of judges and elected commission which
would probably surpass the patience of
any American community Suffice, it to
crime Is to be tried is furnished with the
names of thirty men who have been
deemed worthy of the office of juror. Serv-
ice is obligatory, under a penalty of from
: TO 1000 marks, to be fixed without appeal
by the court.
The law of the Swiss confederation pro-
vides for the election every six years of
one juror for every 1000 of the population.
Those elected must serve, unless they are
more than 60 years of age or afflicted with
a chronic sickness or other defect which
renders them incapacitated to act as jur-
ors. From those elected list is drawn by
the supreme court every year and sent to
each circuit, where it is published. When
there is TO be "A trial a second list of fifty
four is drawn by lot in open court from the
party is allowed to challenge twenty, leav-
Ing fourteen; and from these fourteen
the jury box and sworn like the others,
put who have no voice in the verdict un-
less one, or other, of the first twelve has
by accident or illness been rendered in
capable of performing his duty.
The Swiss canton Of Neuchatel has has; a
new code of criminal procedure, which
has been highly praised by European
jurists. This provides for the election of
Jurors, and from all those elected thirty
each session, from which the trial jurors
are again drawn. allowing for challenges,
half to each party. unit, only twelve re
at the same session, they may be asked by
the president of the court if they agree
10 be tried by the same jury, and in case
together on the challenges. Service on the
jury is here also obligatory, subject TO
penalty of from 20 to 100 francs.
Where the jurors are not elected the law
especially provides that persons belonging
to certain ,n unworthy i, categ9riesr rbl shall be
many declares incapable of acting as juror
all those who have been legally charged
or convicted of any crime or misdemeanor
which has for result the loss of the
'honor rights" tEhrenrechte) of citizen
ship, or of the possibility or, admission to
public office. Servants or those who re-
ceye or have received within three years
help from the poor office are also eX-
French law has not only similar general
provisions but adds long list of details
as to causes which render incapable of
acting as juror, some of them being per-
manent, others having force for five years
only. Among the former, or excluding for
ever, are not only crave crimes and mis-
demeanors. but sentence to fine and i'm
prsonment for theft, cheating, abuse of
confidence, default as public depository;
usury, attack against the principle of
property or OF the rights of family. vaga-
bondage or begging: also bankruptcy
which has not been followed by judicial
rehabilitation. Domestic or hired servants
and those unable to read and write French
the jury box. In both countries the public
while old men are exempt Both require
juror to be at least 30 Years ago, and DO
more than one term in two years.
In the code of Neuchatel, in case the
verdict /, guilty and the three Judges of
may declared the Judgment IN gSa snspfended sss
Sion. when it must be tried by an en-
tirely new jury, not including single
member Of the former ] one -, IT, however. how yer
must mus b he pa passei by the court The ac-
tion OF the court in this instance must
be of its own proper motion, without
any demand from either party ahd must
Not a single country of continental
Europe requires unanimity for the ,ver-
dict Of the jury The Swiss copfedera-
tion makes ten out of twelve voices nee
otherwise he goes free, for second trials
are not in favor on the Continent, France
requires but simple majority, as do a
number Of the. Swiss cantons, and they
requires two-thirds for conviction.
An old French law provided that before
the commencement of every trial the at
torney for defense should take an oath
in open court that he would employ moth
ing but the truth in the defense. II that
We're done now and violations were made
punishable by suspension or being de-
barred it seems that much of the effective
speaking before the jury, often contain
would be stopped, and thereby many of the
unjust verdicts of acquittal avoided. 1t
may be asked why only the attorney for
the defense was required 10 take such an
oath. TO which the answer Is that the rule
held good only in criminal cases, where
the prosecuting attorney was the kings
representative, whence 1t would have been
unworthy TO suspect him OF falsehood, ac-
cording to the ideas of royal etiquette
then prevailing. Even to-day, the repre-
same temptation to untruth as the attor-
ney for the defense. who may possibly
gain fortune by persuadins the jury TO
free wealthy criminal.