Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-04-21
"cONVICTLNG JURlES."

1t is curious fact more or less IA"
miliar to those who are in close touch
with sessions court proceedings, that
each Venire of jurors almost invariably
gives evidence of a tendency in par
ticular direction either toward convic-
ton or acquittal.
For instance, if the first case re-
suits in an acquittal, it has been no
ticed that the chances are in favor OF
acQuittal in succeeding cases, and II
the first case results in a conviction
the tendency to conviction is all the
greater in other cases.
1t is not to be understood, of course,
that this tendency operates with abso-
lutte disregard Of the facts and circum-
stances connected with each case; but
still it is almost always noticeable re-
gardleSs of facts and circumstances.
There is good ground for the prose-
cutiOn of every case that comes from
the grand jury with a true bilr' en-
dorsement In the first place, the So
licitor examines into the facts and
circumstances of every case as care
fully as possible before he turns it
over to the grand jury. Unless he
thinks there is fairly good ground Tor
a prosecution, he does not give out a
bill and likewise with an intelligent,
conscientious grand jury, unless there
is strong presumption or an OlIenSe
no bill" is returned.
But i'm most cases after all the tes-
timOny Of the prosecution and the state
is in the jury has quite a task in de-
Gliding upon just what should be done.
Sometimes it is really difficult to ar
rive at the truth. and where the jury
is in doubt. it properly returns a Ver-
diet of acquittal. At other times, al
though there may be conflict in the
testimony there is really little reason
for doubt: but still the juries are liza
BILE to arrive at unexpected verdicts
one way or the other.
There have been runs of mot guilty
vel diets in cases where almost every
disinterested spectator thought that
the finding should have been guilty"
VerdictS of guilty where verdicts OF
not guilty were expected are quite rare.
The court and spectators are seldom
shocked with anything of that kind.
The tendency always being in the oth-
er direction.
The correct attitude of the ideal jul
ror is to try to arrive at the eXact
truth. He is supposed to Danish all
feeling of resentment and prejudice,
and is not supposed to be moved even
by the sentiment of mercy. 1t is his
business tn arrive at the IaCtS just DIS
they are and to apply the facts deveI-
opcd to the law as laid down by the
court. After he has done this he is not
responsible for the consequences.
why il is that some juries submit
themselves to the absolute government
of the facts and law. while others are
disposed tu disregard both law and
facts is subject for interesting spec
uatiun: but To find the answer would
be difficult 1t is fair to assume that
most jurors. after having been sworn
to be governed by the law and evil
dence. are dcSirnuS of doing exactly
what is right. If all were sincerely
dcsirous of doing right, there is no
question that right would be done.
But it is also fact that men are not
of the same degree Of intelligence,
knowledge and will power They diff
fer in their endowment with these
qualities a. they do in moral endow-
ments. And as it can easily happen that
a man of more knowledge, intelligence
and will power can very often doml-
nate men having less Of these qualities.
it is not difficult to arrive at the conclu-