The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1904-12-07
Letter From Hr, sease.

AottOE ESVut AANs oShSb.
The various Solicitors of the State
have been requested by the News and
Courier 10 contribute letters bearing on
the administration OF the law In South
Carolina.
The ADVERTISER reproduces Mr..
Ssase's letter below:
To the Editor Of The News and Cou-
rier: Tho drawing o; the jury should
be removed AZ far as possible from po-
litical influences. The jury commission
is now composed Of county officers, who
are elected by popular vote and, there
fore, are induced to put such men on
the jury as would likely be pleased to
serve a. jurors, and also leave off men
who have business which make it in
convenient for them to serve. AS
general rule the man who would like
to serve as juror does not make as
good juror as the man who wants to
be relieved OF jury duty. When men
OF more or less large business affairs
are drawn to serve &c jurors at any
term OF Court. nine out of ten ge
to get up some excuse to be relieved
from serving, and appeal 10 the Judge.
But tho Judges, as a general rule, re-
fuse to be imposed u, on. This is
mentioned to show how ayerse to jury
duty those are who ought to have more
interest In law and order than anybody
else. In view of this the jury law
should bs amended so as to put the
drawing Of jurors in the hands OF three
men appointed by the Governor.
AS TO pEREMPToRY CHALLENGES.
The law as to peremptory challenges
to jurors In murder trials should be
amended so as to allow the State to
stand aside five and each defendant
five. AS the law now stands tie State
has only five and the defendant ten,
and II two or more defendants are on
trial they have twenty, while the State
has only FIVE, which is serious 6isad-
vantage to the State.
The Legislature should provide for
an assistant to the solicitor in each
county, whose duty would be to attend
all coroner's inquests and take care of
the States side of the case generally
and be under the orders OF the circuit
solicitor at the Courts OF General Ses-
sion for his county. In great many
cases the State suffers because corc-
ners do not make careful investiga-
tions.
For example, very often the coroner
fails to investigate the clothing OF the
deceased and no one knows what sized
bullet or shot was used. The meagre
investigation OF coroners has often re-
suited in lack OF evidence and conse.
quently scquitals.
In certain county in the State a
few years ago the coroner was imposed
upon by persons interested and the
jury of inquest found that the killing
wes an accident, and the coroner re-
leased the man who did the killing on
his own bond. Afterwards some good
citizen interested himself and the man
was tried and found guilty Of murder
with recommendation to mercy
Coronors usually do their duty when
they see 1t, but they have no legally
trained minds end do not see the i'm
portance Of the small details on which
the whole case very often depends.
AS TO THE JUDGES CHARGE.
In addition to the above suggestions,
it seems that Judges ought to be al.
lowed more latitude in charging juries
The Constitution would have to be
amended before this could be done.
They ought to be allowed to at least
state the testimony to the jury.
1t has been suggested that the Vir-
ginia plan; which provides for the
drawing Of q jury in murder case
from any part of the State might be
adopted to advantage In our State.
do not believe that plan would help
matters. II juror will not do his
duty in his own county, In which he
ought to have an interest, it is hardly
likely that he would be more inclined
to do his Gaty in tome other county.
II. s. SEASE,
Spartanburg, S. G.