Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1908-02-27

The Times Union Of February 22nd
contains an item OF unusual import
ance to the people Of Florida, es.
pecialIyN the legal fraternity and those
clothed With authority in the matter
of selecting jurors, which is as fol-
lows: ~
1.-THE Supreme Court OF Florida has
reversed the judgment OF the lower
court in the criminal court against /.
w. Montgomery, a negro charged with
embezzlement OF money held by him
as treasurer OF a lodge Of colored
knights OF Pythias, and has remanded
the case for further proceedings ac-
cordlng to Jaw.
This Is the case In which an appeal
was taken on the ground that the de-
fendant was not given fair and i'm.
partial trial as guaranteed by the con-
stitution, the contention being that
there were no negroes on the panel
drawn from the jury box and the sDe-
cial panel selected by the sheriff and
from which a jury was secured to
try the case.
II, L. Purcell, the negro attorney,
carried the case before the supreme
court, and yesterday received a cert.
fed copy of the decision OF the court,
containing q statement Of the case
and the opinion OF Justice whitfield,
which is concurred in by Chief Justice
shackleford and Justices Cockrell,
Taylor, Hooker and Parkhill
After reviewing the case and the
contentious made, the opinion con.
Guides aS follows:
"'While the presumption is that the
officers have legally discharged their
duty IN selecting and summoning the
Jurors under statutes that do not
authorize any legal discrimination, yet
this II but presumption that may be
overcome by evidence TO the contrary.
There Il uncontroverted testimony
that the people Of one race and color
are largely In the majority OF the
population In the county where the
court was held; that about two-thirds
OF the men Of that race are fully
qualified for jury duty: that a list
Of several hundred names OF men 90
lected ~ Jury duty for the year does
not contain the names Of half-dozen,
II any, men Of that race; that men
OF that race have served on the jury
In the past but that II has been a
long time since men Of that race have
served on the jury In the court; and
that the people Of that race are en-.
gagged in pursuits that should improve
their intellectual and moral condition. |
AZ there has been no charge in the |
law that would exclude men OF any
race from jury duty. this evidence |
tended 20 show n discrimination on
account Of race or color; and such un.
controversial evidence Is at least SUI. |
hcient to require some proof that. not.
wlthstanding the facts in evidence.
there was no discrimination on &C
count Of race OF color against any per.
son OF any race In the selecting and |
Summoning Of the jurors.' (Then fol.
lows several Au,horlties.)
"'As thers vas unControverted owl.
dence tendfhG to show discrimination
against persons on account Of race or
color In the selection OF Jurors whose
naTneS were on the panels, sufficient to
overcome the presumption in favor OF
the Legality Of the acts Of the officers,
the challenges interposed should have
been sustained, (ThSn more author.
tiles are Quoted) The Judgment is re-
VeFsed and the cause II remanded for
further proceedings according to
law"