The Washington times., 1907-04-29
BLIND JURYNAN
HAS DEFENDER
Much Interest Aroused Over
Dismissing H. R. w. Miles
From Serving.
Sec'y Cleaveland, of Column
bia Institute, Takes Issue
With Justice Anderson.

Considerable interest has been aroused
through the recent action Of Justice An
derson in excusing II. r. w. Miles from
service as a juryman on the ground
that he is blind and, consequently. in
capaciated. The case is an unusual one
in the District OF Columbia, as few
blind persons have ever responded to
the jury call Lawyers and laymen
might take exceptions to the service Of
a blind person on technical grounds. but
at the same time there is no provision
made for the exclusion Of such a person
from service on a jury.
Friends OF Mr.. Miles have been deeply
interested in his case, and The Times
is in receipt Of a communication from
one who has apparently made a close
study Of the situation and its complica-
tons. The writer is f. E. Cleaveland,
secretary Of the Columbia Polytechnic
Institute for the Blind. Mr.. Cleaveland
says:
Blind Men Competent, He Says.
Mr.. Miles could have fulfilled every
requirement of law as laid down in the
CODE for he was a citizen Of the United
States and had been a voter in a State
which required every candidate TO be
able to read the Constitution before he
could be made an elector- There are
tricks that deceive the eye which are
employed by undesirable citizens. but
the undesirable citizen who is able 10
practice these tricks cannot escape with
the same facility the WatChful ear Of
the blind man. The trickster knows
not that in his voice the blind man can
read and distinguish the difference be-
tween candor and the lack OF IT, The
man who speaks frankly of facts that
he calls up from his memory IS a differ
ent witness from the man who strives
10 deceive.
Some one has said. How would a
blind man be able TO judge Of exhibits
when forgery, for Instance is charged -
Does any juror ever rely on his own
judgment in matters Of handwriting, or
does he arrive at his conclusion by lis
tening to witnesses who have made
handwriting a study and who are able
10 point out distinguishing pecullarities
that no juror would ever see for him
self? Could not the blind man listen
10 the testimony and judge of its value
as readily as the juror with sight?
Ignored Miles Petition.
$50 certain was Justice Anderson that
a blind man could not discharge the
duties OF a iuryman that he undoubtedly
felt justified in ignoring the petition Of
Mr.. Miles that he be heard before he
was adjudged Incompetent 10 act in that
capacity. and this. Notwithstanding the
fact that the very ideal OF justice is
represented by a figure with bandaged
eyes. II is from this decision, however.
that the writer desires to appeal TO the
court OF public opinion
We must take it for granted that had
Mr.. HcrTcsChOm- the designer OF yachts
that have held the America CUP against
DOTnHFS- UsrrE IL
considered competent by Gladstone to
discharge the duties of postmaster gen
eral of a great empire, and was there
lore invited 20 become q member of his
cabinet. would have Jared the same at
the hands of Justice Anderson as did
MT. Miles. He (meaning Mr.. Nilesl will
nor De allowed 10 serve on the jury
Sdlu person. who called on the writer
ana stated that he was employed 10 look
up the men who had been summoned to
act as jurymen in Justice Anderson's
Why will he not be permitted to
server inquired the writer
Because he cannot see the faces
or the witnesses and note their appear
ance on the stand.''
Competent to JuoCe.
answering this objection. the writer
desires TO state that he has been a
member Of the Connecticut Bar since
May, 1873, that he became blind shortly
after his admission. and after an inter
val OF a few months he resolved. not
withstanding his loss Of sight, 70 con-
unue the practice Of his profession. A
little time was consumed in overcoming
the preconceived notions Of the public
concerning the handicap of blindness.
under which he must labor. A few
noted successes, however. secured for
him clientele that kept him busy for
twenty years, and until he vas chosen
secretary of the State board of educa-
ton Of the blind
For five years out Of the twenty.
above mentioned. the writer was a pros
ecutng attorney for the county of
Litchheld. Conn. The writer has stated
this much of his own experience i'm
order that the public may judge whether
ne Is able 10 speak with KNOWLEDGE when
he AYERS his belief that the human voice
indicates more to a blind man than any
person with sight can gather from the
race or appearance Of a witness.
man may smile and smile, and he
a villain " "