The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1900-05-03


for several successive terms Of the
court and then the same man may
be In the box the remainder Of his
days and never again be drawn on
the jury, and it is possible for his
name to be in the box from the
time he becomes 21 years Of age
and never be drawn OH the Jury.
The explanation is simple. For
example: A man is drawn as a
grand juror at the Fall term. He
serves as such, or if the grand iu-
ry be made up before his name is
reached on the list, he is placed
on the traverse jury, if any tales
jurors are needed in that event
serves as a traverse juror for that
term. At the Spring term Of the
next year it happens that he is
drawn as a traverse juror and
serves as such. During the month
of August the boxes are revised.
1t is possible for this same man to
happen with the same luck as be-
fore the revision and serve again
for two more successive terms and
hence he will have served for four
successive terms. Then again it
may happen to himtobe summoned
by the sheriff as a tales juror and
serve in that capacity. 1t may
befall this same man never again
to be drawn on the jury and his
name be continuously in the box.
Well his name is put in the box
on the next revision. This time
he happens to be one Ct this large
number that is not drawn during
the succeeding two years. The box
es are again revised, the commits
sioners see fit to put his name in
the box again and the same luck
befalls him as before. 1t is posi-
BILE for this to occur for any num-
Der of years and while his name is
in the box, still he is never on the
jury and no one man or set of men
is responsible for it. While on
the other hand, he may not be
drawn for number of terms and
then chance to be again drawn for
several successive terms. No
man can tell who shall be on the
next jury, until the names are
drawn out of the jury box.
| say the law doesn't presume
that every upright and intelligent
man shall be in the jury box, nor
does it guarantee, that when once
in, that it shall be drawn at any
certain time, nor at all; and while
there is nothing wrong about it,
one would hardly suppose that
any one man would forever be in
the box, while his neighbor, equal
VI as good a man, is never in it.
However, this is a matter in
which Judge has no concern,
and the law plesumes that what
ever is done by an officer of the
law, lin this event, the jury COM
missioners) in the discharge of his
duties is done right and no one
has any reason to believe but that
the jury commissioners in this
circuit, have fully endeavored to
do their duty. 1t is but right and
proper, if they see fit, for them to
displace some men and put IN 9TH
ers, so they are upright and intel
ligent, and, provided, that there
be enough of this kind in the
county to make up the jury boxes
without them. Not that these
men displaced are not good men
but that others may have the
same privileges as themselves.
| know that in every county GER
tain men come to court as regular
as court meets. | have heard it was
for! the purpose of getting on the
jury as talesmen if any are need
ed. This has always been so and
always will be, as long as we have
trials by jury. The sheriffs of the
different counties have the power
to select these talesmen, but since
Judge Geo. Gober has been on the
bench, / have frequently heard
him instruct the sheriffs not to Sc
lect this class of men, but get out
from the court room and get men
that were not seeking court duty,
for that usually men who had bus
mess of their own, make the best
jurors. This is the limit of a
courts power and Judge Gober
has not unfrequently used it. Ev-
cry protection for the rights and
liberties of the people in the pow
er of a court Judge Gober has new
er refused, failed or feared to ex-
ercise, and no man can successful
ly deny it.
There is another argument be-
ing used against him, which is as
unjust as it is untrue. 1t is not