The Wichita daily eagle., 1895-01-22
TURNS A NEW LEAF
NEED NOT BE A PROHIBITIONIST TO
SIT ON THE JURY.
County Attorney Davis Adopts New Rule
in Determining Qualifications of Jurors
IN Liquor Cases-If Jurors say They are
in Favor of Enforcement of the Law
When Evidence Shows it Has Been Vio-
lated He Accepts Them--New Jury Is
Sworn in for January Term-An Old
Liquor Case on Trial

When the district court convened yes
terday morning the new jury for the
January term were sworn in. r. c.
Craft of Lincoln township and n. S.
Miles Of this city were excused and the
jury as finally completed consisted of
the following:
George Harris, L. q. Sheets, q. W.
Burdine w. T. Pierce, c. A. Whitbeck,
city;John Petticord, Gypsum town.
ship; Peter Stewart; Alton township;
NJ. Gates. city; W. H. Hare, Viola
township; ]. c. Davis, city; Charles
Myers, city; S. NJ. Belden, Park town.
ship; j. NJ. Sample, Salem township;
w. A Frazee, Sherman township; n.
L. Miles, Illinois township; w. II. Bush,
Rockford township; w. E. Nichols,
Valley Center township; Joseph Bailey,
City; c. L. Rodney, city; Henry Schad,
city; T. r. Cole, city; G. F. Russell,
The first case called up yesterday
was the state against John Shredder.
/ This is a liquor case brought up from
Goddard and Shroeder's attorneys
claimed that he was a second time be-
ing put in jeopardy for the some Of
fense be cause the proceedings were
commenced at former term of court,
W
came when some of the jurymen We're
at their homes in the country they We're
unable to attend and the case was then
stopped. County Attorney Davis
claimed it was no trial, the court sus-
tanning his view, the case was proceed
ed with.
There is nothing of interest connected
with an ordinary prosecution under
the prohibitory law. They are about
all the same County Attorney Davis,
however pursued different course in
determining the qualification Of jury
men to sit in such cases.
1t has been the custom heretofore to
question jurors closely in regard to
their opinion of the penalty provided
for the violation of the prohibitory law
and many jurors have been set aside
because they honestly thought the pen
atty was a little severe. When asked
if 500 fine and thirty days in the coun-
~ jail was too severe a punishment
for selling one glass Of beer, the aver
age juror will usually founder around
in such a way as to give cause for his
rejection if either side is anxious to get
rid of him.
County Attorney Davis has strated
out on the theory that every citizen
who is not opposed to the enforcement
of the prohibitory law may make a
good juror Hence Mr. Davis asks
every juror the question: DO you be-
ieve that the prohibitory law ought to
be enforced the same as any other law
when sufficient eyidnce has been pro-
duced to show that the law has been
Violated?'
All of the jurymen to which this
question was addressed yesterdayans-
wered promptly in the affirmative.
Some of them were known to be per-
Sonally opposed to the law but Mr.. Da-
Wis thinks that makes no difference so
long as tey will vote for conviction in
case the evidence shows that the law
has been violated.
Some of the lawyers said this was a
Eew departure but they regarded il as
a common sense view to take of the
matter. They did not see why a man
should be disqualified from sitting on
these cases simply because he did not
believe in prohibition as a principle.