The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-10-13
lhIAL BY JURY.
OBSERVANCE OF ONE LAW AND
CHANGE OF OTHERS NEEDED.
voice or Judge is Raised In Behalf of
Justice in South CarOlina-Admir-
able Analysis of Weakncss-The
Remedies.
To the Editor Of The State:

The late trials in the Richland
court of sessions and the result cf
them have caused a storm of criticism
OF courts and juries. The public mind
ought now to be in the right temper
TO receive any truth which may find
lodgment there. The object of this
communication, is to ascertain the
truth.
1t Is true juries sometimes go
wrong. but so do judges, and so do all
human agencies. The highest court
in the land, or perhaps in the worlJ,
has more than once aroused publi,
protest by its judgment
But as long as men violate law they
must be tried for it: and the only
agency to try them is men, be they
called jurors or judges.
The fundamental law of the nation
and Of the State lodges the power Of
trial in the jury. and that can not he
changed unless the constitution shall
be changed.
The constitution of the State does
declare that jurors must be electors
and men Of good moral character. If
that qualification should always be
observed in the selection Of jurors.
there would be no room to complain.
But men often get in the box who are
not men of good moral character.
The statute law has prescribed how
the jury box shall be filled: the
agency to fill; the number of names
that shall be put in; the time when
and the palce where and the man.
ner in which it shall be done.
Here. then, is room for the exercise
Of wisdom and of care. If right
names are not put inthe box they can
not be drawn out; and If wrong
names go in. they must come out at
the drawing.
The only remedy at this point, the
fountain head of the stream. Is 6tr
tthose' upon whom 'iss cast~ slfe aufy "a
select men of good moral character.
} to see that only such are selected. No
new law on the subject is needed;
the only thing needed is to see that
the law is fulfilled.
. 1t often happens. however. oftener
than otherwise. that good names go
into the box and are drawn out in the
. court room. but these men do not sit,
for one reason or another.
They too often seek to be excused,
and some Of them assign the most
: frivolous reasons in order to escape
service. For their conduct there is
. some good ground but only some.
The confinement OF 1s men in a
, room pending the trial. and before
: they retire to make up their verdict,
is an old practice. 1t obtains i'm the
United States courts and in the courts
OF many Of the States.
1t is nevertheless a bad practice,
and 1t causes good men. used to the
comforts OF life. to shun jury service.
And the impounding Of the jury in
room. until they all shall have
agreed on the same thing. is as old as
the law. But it is a practice against
which good sense rebels and will re-
bel as long as men are called to sit
on juries. -.
Unanimity in the jury room has
, long since been abandoned in conser-
, vative Scotland. and it ought to be
} abandoned here: until it has been.
!, sensible men will avoid so hard and
unreasonable service. In the con-
vention of 1895 an ordinance was pro-
posed to allow less than the entire
jury to return verdict: it was intro
duced by a distinguished lawyer, and
it was opposed by another, both of
whom had large practice in the court
of sessions. The measure was defeat
ed. The bar alone can secure such
a reform.
These reasons stated above operate
to keep desirable men out of the box.
out there is yet andother reason.
When good mems names get into the
box and when they are willing to
serve. yet they can not sit they are
peremptorily challenged by the de-
| fense.
For the crimes of murder. man.
slaughter, arson, rape, grand larceny.
burglary and forgery the statute law
allows the defendant to exercise ten
such challenges; and for other often
ses hVe such challenges. And if there
be two defendants, on trial for the
same offense. they may exercise 20
| such challenges
The whole panel consists OF 36 men