The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-06-18
THE FALLoN AcaUITTAL.
Many People CritIcise the Jury's
Verdict.

Considerable comment was heard yes
terday upon the verdict Of the jury in the
Fallon case. Except among the friends of
young Fahon, of whom there are num-
Der, the result does not seem to have Civ
en- general satisfaction. The dissat isfac-
ton is not due 10 any dislike or ennity to-
ward Fallon, nor does the criticism come
especially from the friends Of Mcguire.
Those who cridcise the case hold that
there was ample evidence OF the gum or
tallon, and that the jury should not have
done less than bring in verdict OF man
slaughter.
Those who read the report of the trial
IN the Morning News are aware OF the
fact that while there was strong evidence
again Fallon there was also very
strong evidence in his favor The fur
Their facts should be taken into considera-
Il was first empaneled was that it was one
that would be favorable to the accused.
Just what II is about the makeup of twelve
men that indicates their turn of mind ii
is hard to say, but II is nevertheless true
that il is rarely the case that the officers
OF the court aud Others who frequent the
courts rail- to size up jury correctly, and
II Is nothing uncommon for them to pick
out the man beforehand who is likely to
hang the jury.
Tie real explanation. after all of Fal-
Ion acquual is the shreWd and able Work
Of his counsel. These gentlemen had left
nothing undone which might inure to the
benefit Of their client They had not only
studied the case thoroughly, but they had
studied the jury list as we'll and they I'M
defstood pretty well the characteristics
at least Of the men whom they did not
want on the jury. This was evident from
the manner in which their strikes were
made.
The number of strikes allowed by the
law in criminal case is one of the main
causes Of the many acquittals and mis-
trials where the evidence would appear
70 warrant a conviction. The fact that
the state has as many strikes as the de-
Tense Is of no advantage as the state is
usually willing to accept every fair-mind-
ed and unprejudiced Juror With a jury
system like that prevailing in this county,
where more than half the eligible jurors
escape jury duty on one pretext or an
other, the number Of strikes allowed to
weakest material.
1t cannot be said that the acquittal was
due to any laxity or error of judgment
upon the part of the solicitor general. He
got everything there was TO be had out Of
the witnesses In favor of the state and
made mastery presentation Of th@ case
10 the jury. The evidence In Fallons ia
vor, which showed first that he had been
the victim Of an assault at the hands OF
Mcguire, and second, that there was good
reason TO believe that the latter's death
was due to mis- own tmprudence and lack
or judgment is what saved FailOn, giving
Que credit of course, TO his attorneys. 1t
would have been impossible for stronger
evidence 10 nave been given to the effect
that Mcguire had recovered from his wound
and that his death was the result of his
own imprudence than was given by the
Drs. Norton.
Another fact which weighed strongly
with the jury. was the bad impression
which some of the states Witnesses made
ON the stand. Their manner Of testifying
created the impression that they were not
telling all they knew, and the counsel for
the accused did not fail 20 bring this home
to the jury The fact that the jury stood
10 10 for acquittal from almost the very
beginning shows very plainly what i'm
preston the evidence made upon them and
that the most that the state hoped for
was mistrial.