The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-21
TIE DUTYsOF JURY SERVICE.

To the Editor:-In the News and OBJ
server of June 18th, 1908, you say edi-
torially under the inquiry "Is there Mis-
carriage of Justice
within the last ten days this writer
has heard a leading banker, with his
hundreds of thousands, a distinguished
divine, whose age and position give
weight to his opinion, one of the
most successful and level headed
farmers in the State declare that they
had about lost faith in the courts
and did not look to them to admins
ter justice.
/ do not care to enter into the dis
cussion, but to make two inquiries. The
first is how many times and when has
the banker. divine, merchant or farmer
served on jury. and the second Is how
many times each has been summoned
to serve and whether he asked to be ex-
cused. Let this be published with your
reply.
Very truly,
w. r. ALLEN
AS to the gentlemen quoted, we cannot
answer Judge Aliens questions because
not one of the gentlemen quoted lives in
Raleigh They may have been summoned
AMI some kind-hearted Superior Court
Judge. il a mistaken idea of his duty,
may have excused them. Or, their names
may nexer have been placed in the jury
box That is certainly true of preachers be
cause they are excused from jury duty.
But, independent of the case of any
particular man or men, the inquiry OF
Judge Allen is pertinent. There is too
great a disposition upon the part of men
of position and influence to shi:k the duty
OF serving on juries, the most important
public service which any man can rem
der.
Many of the best men in every county
dodge jury service. We We're greatly aston
ished a few days ago to hear Superior
Court Judge say that certain rich busl-
ness man In a western county told him
that he had an arrangement by which
his name was kept o. of the jury box
and by which the sheriff was not to call
on him TO serve on juror. and the ar
rangement had existed for years. Think
of it! man deeply interested in seeing
that justice is rendered plans to shirk
his highest public duty! And more that
that, he conspires with sworn public Off
Gals to assist him in shus escaping! We
think there are few such deliberate
plans for Sinking jury duty, but the su-
perior Court Judge, quoted above, says
that the names of many of the best citl-
zens in not a few counties never get in
the jury boxes at all, from one cause
or another. The county commissioners
in every county ought to see to 1T that
the names of not a single good citizen
is excluded from the jury. If they fail
in this the grand jury should indict the
commissioners. The miscarriage OF JUS
tice is often due to the fact that men
who complain most loudly against such
miscarriage are themselves to blame for
it because they shirk their plain duty
No man who manages to escape jury
SSIflCc udS Ij6Hb W SlltlNl1N ehN eNN
ministration of justice. The answer to
him is Thou art the man" responsible
for the evil complained of. Most men
who escape this duty do SO thoughtlessly
and most Superior Court Judges who ex-
cuse them do SO without rejecting that
they are assisting in defeating justice.
But the fact that SO many good men have
lost much of their faith in the admins
tration of justice should cause every good
man to be willing to make sacrifice to
serve on juries when summoned. Superior
Court Judges can do more to correct this
evil than any other agency. They should
refuse to excuse jurors except when abb
solutely necessary; they should see that
county commissioners place the names OF
all good men in the jury box and they
should create a public sentiment that
would frown upon Sinking jury service.
The press can help them powerfully in
doing this, but they must be firm, reso-
lutte and lead the way