The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-03-01
SUPREME COURT
ON JURY TRIALS
Special to The journal.

Tallahassee, Fla, Feb. 2S.-Follow
ing are the head notes OF a decision
by Judge Parkhil of the supreme
court which will be read with inter
est all over the state:
In the Supreme Court of Florida. Di
vision B., January Term, A. D., 1907
l. w. Montgomery, Plaintiff in Error
vs. The State of Florida, Defendant
in Error ParkhilI, ].
1. A challenge to the array of petit
jurors by colored person upon trial
charged with crime, properly raising
the objection that the sheriff charged
with summoning venires for petit jul
rors from the body of the county dis
crlminated against persons of color,
solely on account of Ineir color, in
executing the venire, being based upon
allegations of fact not appearing in the
record, If controverted by the State
must be supported by evidence on the
part OF the defendant, even though
such challenge to the array is verified
by the affidavit of the defendant.
z Where the defendant offers proof
OF properly presented challenge to
the array of petit jurors, and the State
fails to join issue on the challenge
put demurs thereto, the allegations of
the challenge are TO be taken as true.
The demurrer ought to be overruled
and the State permitted to take issue
thereon. The issue as raised is to be
tried by the court on the proofs offered
by the parties.
The presumption is that those adj
ministering the laws have properly dis
charged their duty, and against any
misconduct on their part until the con-
trary is made to appear.
T. A defendant on trial, charged
with crime, has no right, because of
his color, to require the sheriff, in
executing a venire, to select or sum-
mon any number of colored men to
serve as jurors to try him upon a GRIM
inal charge. The law does not require
that a colOred man must be tried for
criminal offense by jury composed
IN Whole or in part of colored men.
D. The equal protection of the laws
is not denied to colored persons by a
law which makes no discrimination
against the colored race fncerms, but
which grants a discretion to certain
of1cers, which can be used to the
abridgement of the rignt of colored
persons to serve on petit juries, where
it is not shown that the actual admin
istratio1 of the law was evil, but only
that evil was possible under it.
6. The mere fact that the sheriff. in
executing a venire for petit Jurors to
try the defendant, who was coIored
man, summoned only white men to
serve as jurors, and failed and refused
to select any colored men of African
descent to serve on the jury which YVES
summoned to try the defendant, is not
of itself evidence of discrimination
against persons of color solely on &C
count of their color; Rither is it a
denial to the defendant of the equal
protection of the law as contemplated
by the fourteenth amendment of the
constitution of the Unfed States
Z. When officers chaged with sum-
moning venires for petit jurors from
the body of the county discriminate
against persons of colo, solely on &C. |
cunt of their color, in executing a |
venire, the clored penon, upon trial |
charged with crime. nay challenge the |
array of such petit jrrors upon the
ground stated, when itis proposed 20
select jurors to try lin from such |
special venire.
Judgement reversed
/. L. Purcell, for Plaintiff IN Error.
w. H. Ellis, Attorry General, for
the State.