The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-10-30
JUDGE PICKING. JURY PACKING.
A Habit That Should be stopped.
} Both Carried to Ar Extreme.

$1,000 $3.50 -N'
although ne has a deep and abiding
reverence for law. 1t has sometimes
seemed 20 Us h a there is a difference
between tae majesty and dignity ana
glory Of law and what is called the
law law as she Is practiseI. in other
words.
T. seems to Us that the custom OF
picking the right judge IS something
of an abuse. As We understand it the
eases that are to be tried are arranged
o. 4 calendar for each term Of court
And then. if the judge at that term IS
known to BE- severe in his sentences
NJ possessed of certain o-~d-fashiOned
lions about vindicItlug the offended
majesty of law, then il invariably hap
pens that somebody who IS eSsential to
the case turns up sick and there is a
physicians certificate regularly signed
to prove it. But at the next term there
comes along a judge whose heart does
him credit everywhere except on the
judicial bench. and nobody is sick, or
if that happens. the defendants try TO
get along withOu their most import
ant witness and the case proceeds.
Now it seems to US that the lawyers
ought to make it u rule among them
selves TO take the chances on the judge.
1t might be ever made a point of
honor. that sickness should be bona
fide and that u put up job as to that
or any of the various ways of con-
tinuiug Il trial should be so frOWned
down upon by the legal fraternity that
they should never be attempted
In the TIIIman case the expected has
happened. According to the best plea
Of the criminal himself, the fact that
Gonzales put his thumb in his over
coat pocket as he tried to avoid meet
ing TiIIman cost him his life. And the
ease was removed from Columbia TO
Lexington against the protests of the
state, by Judge Gary. Judge Gary, &C
cording to the testimony of the Co
Iumbia state is known in the Tillman
hOusehOuId as Cousin a The
News has already told by what process
Judge Gary was chosen, the personal
and political friend of the Tillmans. to
preside at the Lexington court. there
by the petition of a bar practically all
retained for Tillman.
Also ii will be remembered that the
Haywood case was continued. 1t would
have come before Judge Justice. even
after the reasonable delay that is al
"+EH o%'NAA VIII ~ "a" - OSh "
it and which it is presumed is wanted
by the defense that men may lose their
keen sense of the wrong that the &C
cused has done. We are not making
the charge that the defendants law
yerS should have been ~over-anXiOus for
justice for their client. That would be
too much To ask for human nature.
But they should not have objected to
Judge Justice on the ground that they
might get justice. We forget what the
excuse was, but that hardly makes any
difference.
And we do not him that the dis
patches from the scene of the trials
indicated that in picking their judges
the defense in either case displayed
their want of good sense. We only
make the point. that to a Iayman, the
high ideals of law. as they appear TO
him should disbar any lawyer who at
tempts to have his case tried by a
cOmplaisant judge. and continued when
the judge vas known to be just.
And then the j~ury-packing business,
it seems to us. has been carried to an
extreme. Trial by jury is a phrase that
asa historical meaning to the Anglo
SaxOu who knows the upward strug-
giles of his race against oppression.
But the way the jury is selected is not
too severely satirized by Mark Twain
when he said the only difficulty about
It was that it was sometimes hard to
find twelve men who never read any
1hing and did not know anything. We
venture to say that the attorneys for
the defense in either Lexington or
Raleigh knew pretty we'll how every
~OSsible juror stood IN the Haywood
ease, or in the Tillman case. 1t seems
TO US again, that the laws should be
so framed as to secure juries composed
at least of average men, intelligent and
l~ncOrruptible. In North Carolina the
defense has a big advantage over the
state in packing the jury. The jury Sys-
tenn is all right. 1t IS the jury as she
IS packed that is all wrong. And gen.
orally the more important the case is,
the lower is the average of the jury.
So the current opinion in the two
states that neither Haywood nor Till
man would suffer II penalty for their
aaStardly deeds of blood, having been
justified by the events. we are inclined
20 point what seems to us to be the
lesson.
1t is said hat it is impossible to con-
Wet anybody of wealth or prominence
IN either Carolina Of the crime of
murder. But we do not believe that the
truth OF this statement lies in the fact
that anybody is bribed. though un-
SCrupulOusness in one case Will lead to
unscrupulOusueSs everywhere. The mon
ey does not buy eithe judge or jury.
The prominence of the accused
.sOeS not Overave either, but that
8porminence may be = subtle bride 10
SudEes elected through political ma
chimes. the prominence i a means
Of getting the necessary money. But
the money is used in the legitimate en-
pIoynent OF the abIesJ lawyers. That
y the advantage that the rich man has
over the poor mar in the court. We
submit that this initial advantage
akshouId not be increased Indefinitely. by
successful efforts of the able law