Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-02-28
GOOD MORAL CHARACTER.

The supreme court on Tuesday, ac-
cording to the Columbia State, dismiss
ed the appeal of w. H. Mills, who was
sentenced to life Imprisonment for the
killing of Frank Deal in Cherokee coun-
~ in March, 1907. The case will be
remembered as one Of the most sensa-
tional in the upper part Of the state,
the defense being that Deal was lntl-
mate with Mills wife, which led to the
killing.
The jury returned verdict or guilty
with recommendation to mercy ana the
appeal was taken on the charge or the
Judge and on the rather unusual ground
that the jury commission composed OF
the clerk of court, auditor and treasur-
er. had in drawing the grand and petlt
jurors, discussed the character or each
name presented, whether he was good
citizen and his qualifications for jury
duty. The auditor of Cherokee county
was placed upon the stand ana teStlIeu
that the commission discussed eacn
name drawn, whether the proposed Ju-
ror was a good citizen, whether or
not illiterate, whether Il drunkard or
not and whether 'rowdy" or peacea-
BILE man.
The attorneys for the defense argued
before Judge Purdy that this was IN
violation Of the statutes, but this con-
tentiOn was overruled and the case
went on trial. On conviction the same
argument was made before the su-
preme court. That body held, however,
that the action of the jury commission
and Of the auditor was simply the nom
est effort of faithful officer to carry
ln, rtn np
scribng jury duty. pages 1866 and 1851
says AZ to the duties Of the commls-
sioners: IF there shall be drawn from
said Jury box q ballot containing the
name of any person not between the
ages of u and IS years, or not OF goou
moral character, or who has died, or
who has moved from the county or Is
otherwise disqualified to serve as a 1u-
ror, such ballot shall be destroyed ana
such name struck from the said list and
another ballot drawn; and so on until
the eighteen are secured"
Section 9 of the act says:
That the said county auditor, coun-
ty treasurer, and the clerk of the court
of common pleas of each county shall
Immediately after the passage of this
act, and thereafter in the month of De-
cember, Of this and each succeeding
year. prepare a list Of SUCH quallned
electors under the provisions of the
constitution, between the ages of Il
and 65 years and Of good moral charac-
ter. of their respective counties, as they
NAV deem otherwise well qualified to
serve as jurors. being persons of sound
Judgment and free from all legal eX-
ceptionS. which list shall include not
less than one from every three of such
qualified electors under the provisions
of the constitution, between the ages OF
II and 65 years, and of good moral
character. to be selected without re-
gard to whether such persons live with
in five miles or more than five miles
from the courthouse"
Another section of the same act
makes the sam" requirement as to the
drawing Of grand jurors.
Article ). section ~. Of the constitu-
tion says: THE petit jurors of the cir
cuit courts shall consist of II men
each Juror must be a qualified elector
between the ages of 21 and 90 and OF
good moral character"
The decision will be of considerable
interest to jury commissioners who Sc
lect the jurors.