Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-10

error. is sustained by the appellate court
A disallowance Of the claims made in the
eighteenth to thirty-third assignments OF
error is made by Justice Gould, and his
reasons therefor take up large part OF
the total forty-two typewriter pages OF
the opinion, large extracts from the testi-
mony being cited verbatim.
The opinion concludes: Finding no sub
stantial error in the record, and being sat
fsfed therefrom that the defendant had a
fair and impartial trial in accordance with
the settled rules of criminal law and pro-
cedure, the judgment will be affirmed"
The Dissenting Opinion.
Chief Justice Shepard in his dissenting
opinion assigns two reasons why he thinks
the Judgment of the lower court should be
reversed, namely: That 1t was error to over
rule the defendants challenge of the Juror
Haley, who conducted branch post office
at his place of business, and that the court
should have admitted evidence offered to
show the motive or intent of the defendant
in removing certain letters from the files
Of the Fabrikoid Company, which act was
proved by the government as circum-
stance tending to show guilt.
The evidence the Iefutation Of which was
excluded, the chief justice declares, had
been offered by the government not only
to prove an attempted suppression of evil
dence, but to aggravate that act by show
other words, was, as charged, an attempt
to steal evidence" In reply to this evil
dence the defendant had not only the right
to deny taking the letters without consent,
but the clear right to testify to his intent
or motive, to remove. as far as might be
possible, the effect of the discriminating act.
:, my brethren" says the chief justice,
concur in the view that the refusal of this
the Judgment therefor because. in their
opinion. the exclusion of the evidence was
not harmful error. 1 cannot agree with
that conclusion"
the dissenter, agrees with the majority opin-
ion that in so far as section 217 Of the code
is concerned, the juror, even If he may be
regarded as 'salaried officer of the United
right to claim exemption from jury duty
Hereunder. 1t was not positive disquali-
f1cation, which required him to be set aside
without his claiming the exemption.
Question of Eligibility.
II think. however" the chief. justice
says, that the objection went farther than
this and directly raised the question of his
eligibility In the particular case as an en-
ploye of the government, receiving stated
salary, which he clearly was
The .common-law rule that jurors should
be above all exception, as laid down by
Blackstone, Chief Justice Shepard de-
clares to be the rule recognized in this
country, and not changed or impaired by
the District code. Numerous civil cases
are cited in which it has been held error
to permit clerk or -employe of a private
party or corporation to sit as a juror over
the objection of the opposite party, even
when the juror had the self-confidence to
swear that ne could try the case impartial
ly This doctrine for stronger reason,
1t is stated, applies to criminal prosecu-
tons.
1.-The juror in this case" declares the
chief justice. was not only in the employ
of the United States. receiving a salary
for his services but also exercising a priv
ilege valuable to him in his business. It
caused his drug storerto be frequented by
the public, some of whom he could reason
ably expect to become his customers. He
was not even an employee protected by the
rules of the civil service. 1t is not to be
presumed that the juror would have lost
his employment or privilege In the event
of agreeing to a verdict unsatisfactory to
those in a position to take 1t from him at
will, or that he would necessarily have been
Influenced by such an apprehension. The
law Is not made for particular individuals,
but for all persons similarly situated; and
it does not permit one to be subjected to
the possible temptation to do wrong. All
rules tending to preserve the integrity and
impartiality of the jury should be strictly
observed. The vitality and efficiency of
trial by Jury depend upon it..