Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1908-02-25

..-s
me Tines. UnIoh of eebruafy 22bd
c0ntaIps an item ~ unpsuai import.
ance ii the people o. Florida. os-
Decially the legal fraternity and those
clothed with authority IN the matter
Of selecting Jurors. which is as fol-
lows;
"The Supreme Court OF Florida has
reversed the Judgment Of the lower
codrt in the criminal court asainstE
W. Montgomery, q negro charged with
embe9zlemept OF money held by him
a. treasurer Of . lodge OF coIored
Knights OF Pythias. and has rernanded
the case for further proceedings ae-
cordIng 70 law.
This Is the .case IN which an appeal
was taken on TO gfoppd that the de-
fendaSt was not given q fair and IN
partial gisl - gnnEkhteed by the con
ssitalio1. ths cOHtsation being that
there we're no negroes On the panel
drawn from the jury boz and the spe-
cIai panel SsiSEssd By the shsriR and
from which 4 Jury was secured to
cry the case. t2a'lft f39
T., u Purcell. tbs nsgrO attorney.
carried the .Gsse bstoFe lthe supreme
court and yesterday resolved o certi-
fIed copy Of the docision Of the court,
containing Z statement Of the case
and the opinion % Justice WITHHELD,
which q concuTFed N By Chief Justice
Shackleford and Justices Cockrell.
Taylor. Hooker ana Pnrkhill
AFTER reviewing the case and the
contentious made. the opinion con.
cludes a. follows:
"'WhiIe the presumption IL that the
oficers have legally discharged their
duty IN selecting and summoning the
jurors under statutes that do not
authorize any legal discrimination. yet
this IL but Z prSsuibptich that may be
overcome By evidence 20 the contrary.
There ~ uhcontrcveFted testimony
that the people 0f one race and color
are largely ia tie majority Of the
Dopulast0h IN tho county where the
court 'wa6sheid; that about two. thirds
of''th6 AneE Of mat race are fully,
qualified fgF jury duty; that a, iist
OF several hundred. names Of men %.
lectsd yog Jury duty Tor the year does.
not contsla thes names Of . thalC dozenlI
II any ymep SOf that race; that meA
Of that, Faoe have served o. the jury
In the past but that II has hsen 9
long time stnes men Of that race have
served on the Jury IN the court; and
that the people II that race are en-,
gagged IN pursuits that should improve
their Intellectual and moral condition.
"A there has been no charge IN the
law that would exchde men Of any
race from jury duty, this evidences
tended TO show q discrimination on
account Of RICE or color; and such un-
eontFoyerted evidence IL At least suf-
ncie9s 70 require some proof that. not
wlthsti1dipk the facts In evidsRce.
there Was no Discrimination on lac-
count Of race or color against aay per.
son Of any fAce IN the selecting and
summoplps % the iuRogs.' (Thtm fol
lows sSv6at autAoritIes.) n
"'As there was uncontroveFtsd eyl.
denes tending 70 show Discrimination
against persons on account Of race or
color IN the selection OF jurors whose
names were on the panels. Sufficient 70
overcome the presumption IN favor Of
the legality 81 the acts Of the Otaeers.
the challenges lnterposed should have
been sustained. tThen more author.
tiles are aHbted) The Judgment ls re-
veFsed and the cause h remanded for
further PROCEEDINGS according 70
law"