The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-11-04

To TIE Editor al The Post
Houston. Texas November Several days
ago TIE Post contained an editorial wherein it
declared that the rejection OF Jurors in local
murder trial because they had read newspapers
and formed opinions, again calls attention to a
serious fzuit IN ouf jury system. or rather IN
the rules az practice in such cases, and further,
The application Of this rule simply refers the
administration OF the criminal Law 10 men who
Do not read newspapers, TO the unintelligent, the
minimizing. ths idle and vicious
Believing that cur jury law is the peer OF
any laws on the subject desire 10 call the az
tention oi the public 20 what the jury law Of
Texas really IS on this important part Of Grim
inal procedure
l. The statute declares in article ST.. OF the
Code Of Criminal Procedure "A challenge for
cause IS an objection made 10 particular juror,
alleging some fact which renders him incapable
OF unfit 70 serve or the jury. il may be made
for any one OF the following reasons:
fSection 1sl That from hesrssy or otherwise.
there IS established IN the mind a the juror
such conclusion as 10 the guilt Or innocence
cf the deferdsnts as will influence him n his
action in finding verdict
For the purpose n sscertslning whether this
cause OF challenge exists. the juror shall be htst
asked whether, IN his opinion. TIRE conclusion
90 established wall influence ms verdict Il Re
answer in the affirmative. Re shall te discharged
If he answer IN the negative he SHALL ne further
examined by the court, Or under ris sancrior
ss 70 how his conclusion wss formed and the eX-
tent 20 which 81 will affect hiss srticn- and II Il
appears 70 have beer formed f-o- reading new
paper accounts. Communications statements Or
reports or from mere -u-nor or hesrsay. and the
juror states on oath that he feels able, notwith-
standing such opinion. TO render an impartial
verdict upon the izw and TIRE evidence, the couTt,
II satisfied that he IS impartial and anil render
such verdict. may. IN its discretion. admit hir-
as competent 10 serve N suca ease h1lt i the
court, in ITS discretion, IS tx SATISFIED that re
IS impartial, the juroT shall be discharged
In the well considered opinion Of the court
OF appeals in the Grisso- Ease. appealed from
Harris county. reported II the Texas Court
Of Appeals Reports, pages s-z-spr, opiuIon b.
the then presiding judge. Hen n. u. Ectcr,
where the trial corrt refused 70 sustain chsl-
lenge to- cause where the !-rc- had read the
evidence published in the resspsre-s and
formed Al opinion >; the ;i-e bur stated that
he did no; thi-k the opinion then termed would
influence his action IT finding verdict the
court Of appeals sustained the scsicr Ct the trizi
court. ard uses TIE following language, An
opinion 70 the guilt or innocence 81 the de-
iendsnt- formed from Newspaper accounts alone
ard which n tie belief 81 the person 50 ex-
pressing IL voul1 rrt have any Influence on him
in the trial Of the case. does -ct iisquzlity bim
to sit IS = 5-ror. Ihs ruling 81 TIE court in
passing -pcr this 5uToT wss IN full sccord with
decisions 81 most u the American courts 81 last
resort il is m rs5n. N the presence of rele-
graph thst thrcas with every beat 81 tire worlds
.its- and daily press 70 register each p-lss-
ton, for c1urts longer 70 expect ignor-
zrec ri notorious :zct combined ~ith gen
ersl Intelligence ignorance 81 matter made
notorious hy publication will seldom be found
where sufficient Discrimination exists 70 detect
talsebood from truth The rapidi;y ejth whioh
information $ o3uyeyed- ard the haste 70 place
u before the ruhlir involve 50 zrch uncertainty
and insocu-acy n IFS statement that experience
soon insir5lrts the reader. and the impression
formed fades ar o-ee before tire living witness.
An impression 20 left IS practically harmless.
ard Al this lay theory which rejects such
Jurors can no; he sustained N practice.
Ard further At TIE present cay when
newspapers railroads and tsiegrsphs have made