The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-10
THE MISCARRIAGE OF JUSTICE AND SOME RE-
NEEDLES.

| citizen. They are moved by the spirit |
OF civic Righteousness which dominates
them to make public protest to the all
| too frequent miscarriages of justice that
occur in our State. There have been so
| many remarkable verdicts that many peo-
pie are ready to say-and say boldly and
| publicly: you can not convict a man IN
North Carolina if he has money. He can
employ enough lawyers to pack a jury,
and get him off" This is too sweeping
have been enough miscarriages of justice
to call forth serious consideration of how
to put an end to them and teach an old
| time respect for the courts.
This paper has for years, at every ses-
sion of the legislature advocated chang
ing the rule that gives to defendant
twenty-three peremptory challenges. That
advantage in the hands even Of the most
honorable lawyer gives to the accused an
advantage that makes conviction extreme
| ~ difficult unless the case is SO plain
that the man has no defense. Therefore,
as Mr.. Laughnghouse points out, the
first step in reform is to change the law
as to peremptory challenges. It is Nell
known that in the Wilson case, to which
Mr.. Laughinghouse alludes, the over $50
peremptory challenges to which the de-
fednants were entitled, caused the town
and county authorities to favor 4
certain little punishment because
they believed it would be either
that, acquittal, or continued mis-
trials. The State ought not to be shut
up to such alternatives by law giving
to the accused, especially when several
are indicted for the same offence, such
undue advantages.
As to permitting less than the twelve
to render verdict, which Mr.. Laughing,
house suggests that is so radical depart
ure from practise centuries old that it
ought not to be adopted until all other
possible methods to irnprove the jury sys.
TEN have been -ried.
Nj Laughinghouse touches upon a sub
ject that is difficult TO reform when he
writes of lacking ,!uries. !;y far the
greater portion of the lawyers Of North
Carolina are too honorable to resort to
such disreputable practise-conduct which
if established would put the man guilty
of it in stripes. But the prevalence OF
the opinion that jures can be packed and
are packed shows that where there is so
much smoke there must he some fire.
There are lawyers in North Carolira-not
many, but too many-who owe their chief
income to a belief that they can pick
jury, as you hear it said in public with
4 wink which means pack
jury An honorable lawyer uses
all the information he can hon
orably obtain and al the advantages
the law permits to exclude frora a jury
any man he supposes unfriendly to his
client. And that is the high duty OF an
) attorney. The other kind Of lawyer seems
to think he is employed to clear his
. client whether or no. and there are some
capable of doing things that couldn't
stand the light to accomplish their ends.
How can this class of lawyers be exposed
and checked? In some counties, so 1t IS
said, there are men not lawyers, who are
active in this dirty work.
While it is not fair, however, TO make
sweeping indictment of the lawyers and
charge them personally with all the
blame, still the truth remains that if the
State Bar Association would undertake to
unfrock men guilty of questionable prac-
tise, the jury packing would be lessened
Not long ago, certain lawyer in the
county of c. had case to be tired
in the county of B. He wished to get as
local lawyer to appear with him. Asked
about the sort of lawyer he wished, he
said: II do not care a baubee about his
, knowledge of law or about his helping in
, the case. All I want is a lawyer to help
l me get jury that will be favorable TO
my client That's the sort of lawyer l
want" and he ''winked the other eye,
, showing that it was fixing or pack
ing n jury that he really wanted DONE
He got that sort of a lawyer and cleared
, his man who was guilty and deserved pun
ishment In one county, some years ago,
! when a man of prominence was to be
tried for a capital offence, the statement
was freely made after the reculttal. that
attorneys for the accused, weeks before
the trial, went to the court house, copied
) down the name Of every person on the
jury list, and employed agents-some law
yers and some private citizers-to travel
all over the county and in divers ways
to sound every eligible juror and to
learn if he had any opinion, favorable or
: otherwise; 20 ascertain who could lntlu-
, cnce him and to learn his environment; TO
know his predictions, his habit Of
thought; to get s1me neighbor to talk to
him and seek to get him to think favor