The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1908-03-19
CHANGE OF VENUE.
Ccontinued From First Page)

over, fear that in future venires we
should not be able to get as large
proportion of qualified men as in those
venires we have exhausted.
The inability to make greater pro :
gress In the selection of jury is not
one due much to a state of public ex
citement nor I'd any particular inter-
est taken in the affair by the citizens
of the county as to the searching ex-
aminations, or more properly speak
ing, oss-examinations of the venire
men The severity of these examina-
tious by defendants counsel exceeds
any of that kind / ever heard, ! re-
member the Harris case, to which
counsel for defendant referred where
probably two hundred men we're
brought in before jury was secured,
and In which a persistent effort had
been made to poison the public mind
against the accused, and this case is
made use of as an argument that
jnry could be gotten in this case If
another venire for one hundred were
issued, but if the same rigid and
searching questioning had been m de
of jurors in that case that has been
resorted to here, think 1t quite like
ly that five hundred men would have
been required before completing the
jury. Jurors have been pressed with
all sorts of inquiries and suggestions
in an apparent effort to wiring from
them some statement that would work
their disqualification, or place them
In the attitude of appearing to want
on the jury. And l am satisfied from
what have seen that men examined
In this case, realizing the situation
they we're getting into, and being
sensitive on the matter, to extricate
themselves have made statements
they did not really mean, and we're
glad when a challenge to them was
made.
Counsel for defendant, In argument,
stated the situation In a nutshell
when he said, in substance, that he
suspected the man who said he did
not remember forming an opinion for
he knew he had. So there you have
it, If he admits forming opinion he
may be challenged. If he says he
does not remember doing so, his state
ment shows him unfair and he should
be dismissed Under this method If
pursued to the extreme almost any
Juror who for any reason is not accept
able to party may be thrown of, and
the effect is virtually to extend, with
out limit, the right of peremptory
challenge. The court may be of the
opinion that the juror stands indiffer-
ent between the parties and would
give an unprejudiced verdict, but
with his answers in the record, with |
no opportunity of the reviewing court |
to see and hear the juror and with no |
picture before it of the surrounding
circumstances, except the imperfect
one furnished by the questions and
answers, would likely condemn the |
action of the trial court as erroneous
In holding the juror. 1t may be asked |
why, If the line of examination pur-
sued in this case is improper, did not |
the court prevent 1t? 1t is the same
question 80 frequently asked in refer
ence to lengthy and apparently sense
less examinations and cross. examina-
tions of witnesses, and the answer is
ever ready In the mind of the exper-
fenced Judge or lawyer. The Judge
can not know in many cases until the
examination Is concluded but what |
the lawyer has possession of some In
formation, not known to the Judge,
that would make the examination
legitimate and proper. For the Judge |
to assume at the beginning of the
triai that he knows all about the case
and to interfere with the attorneys |
examination would, In many cases,
work injustice. And in my opinion,
in case involving human life, a Judge |
who properly appreciates the respon
sibility he is under will be very slow
to interfere. There are some cases,
and this is one, where much must be
left to the attorneys, who are sworn
officers of the court, to be discreet
aud fair enough not to overstep or
abuse the privileges to which mem
bership in an honorable profession
entities them.
l speak In this matter of the exami-
nation of jurors not in any spirit of
criticism or complaint. recognize
the right of counsel to employ any
legitimate means at their command
to show the disqualification of any
man called as a Juror. recognize
further that the greatest latitude,
consistent with the due and orderly
administration of justice, should be
a u