The record-union., 1897-12-27
NEW FHASE OF THE DURRANT
CASE.

N Il w II1AkoE oT ~ Imam l.
CASE.
1t IS impossible to say just what will
be the outcome of the new move made
in the Durrant case. 1t is as strange
as it is startling. In a nutshell the
proposition is that Durrant was tried
by but eleven jurors, whereas he was
entitled to a panel of twelve fair men.
That while twelve citizens were sworn
TO try the accused upon the law and
the evidence but eleven did so, as the
twelfth had made up his mind before
entering the box, or before the conclu-
sion CT the case, upon alleged proofs
coming to the juror outside of the court,
and which alleged proofs are untrue
and scandalous.
1t is charged that the juror was
moved upon by belief in the stories
that Durrant maintained incestuous re-
lations with his sister and mother, and
that the juror has repeatedly so told
many people
The singularity of the new situation
is this, that if it is shown that one or
more Of the Durrant jurors was so
prejudiced against him because of al
legged facts not even hinted at on the
trial, then he did not have the fair trial
to which every man is entitled no
matter how guilty. But the time has
wholly passed within which it is pos
sible to take advantage Of these dis
closures because application for new
trial must precede the entry of judg-
ment
If it is proved, however, that the man
was tried and convicted by single
juror upon so-called testimony not in
troduced at the trial but considered by
the one or more Of the jurors, still he
must be executed, because every legal
right under which he could take ad-
vantage of such misconduct has, as we
understand it, been exhausted
In such case, then, there would re-
main only appeal to executive clemency
to save the defendant from unjust ex-
ecution- For while he would be le-
gally hanged, and the record would
show that he had enjoyed every right
and privilege accorded to him by the
laws Of the land, still If he was not
convicted by the unbiased Judgment
of twelve of his fellow-citizens he
would suffer death unjustly.
The starting point is this, that twelve
free minded and unprejudiced citizens
must agree upon the guilt Of one ac-
cused of murder before the State will
take his life If there Is no stay on
the hearing for contempt about to be
had on affidavits filed to the effect that
Juror Sniyth was moved to his verdict
not by the evidence on the trial, but on
beliefs founded on what he accepted
as facts, and those facts, by the way,
not at all related to the crime with
which the defendant was charged, Dur
law. but still In the eye Of the purpose
Of the law he Will have been unjustIy
executed
Even IL he Is not hanged. but because
OF the gross misconduct of the juror or
Jurors referred to Durrants punish
nent Is reduced to life Imprisonment,
it win remain that a man Is suffering
at the hands Of the law on conviction
obtained In defiance of the most sacred
principle Of the law, one which Is the
guar1 and shield Of the innocent 1t
requires no special breadth of intelli-
gencesand good judgment to understand
that If the charges against the accused
juror are established as verify, and
there is still no possible way to secure
20 the accused a fair trial, then our
system Of doing justice is al fault.
It follows that 1t Is possible therefore
Tor men to be convicted outside Of the
law, but by legal procedure; that when
convicted man has established that
he did not have the fair trial guaran-
teed to him by the Constitution and
the laws, he may still be punished be-
cause the time within which he could
have availed of his right has elapsed.