The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-10-29

q i''iii' tli'4A 'iiN.H "Ai 'otl''44 i'' Y
agreed on the same thing. is as old as
the law. But it is 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 con-
servative Scotland, and j. ought to
be abandoned here; until it has been
sensible men will avoid so hard and
unreasonable a service. In the con-
vention of 1895 an ordinance was pro-
posed to allow less than the entire
jury to return a verdict; it was in
troduced by a distinguished lawyer,
and it was opposed by another, both
of whom had large practice in the
court of sessions. The measure was
defeated. The bar alone can secure
such a reform.
These reasons stated above operate
to keep desirable men ont Of the box,
but there is yet another reason. When
good mems names get into the box
and when they are willing to serve,
yet they cannot sit, they are per-
emptorily challenged by the defense.
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 ofen-
ses five 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 80
men, but generally not more than
from 80 to "a will be present to serve.
By all the law of chances only II OF
these men will be forceful characters;
that is a large proportion. Of these
II. the chance is that only one-half
or tvo-thirds will be drawn out of
the hat by the boy.
Against them. the peremptory chal-
lenge promptly exercised. and The
weak men on the panel are sworn TO
try the case.
The operation is perfect for its
work: it is almost automatic: 1t may
be observed any day where a court
sits and men are on trial for grave
offenses.
The legislature alone can remedy
this defect in jury trials. for It is a
serious defect. Here a new law Is
needed.
This summary rejection Of good
men, without cause, is itself subject
of modification to them and leads
them to avoid its manifestation by
dodging jury service.
And all these causes lead good men
to avoid registration and to thereby
become disqualified for jury service.
The names of such disqualified cltl-
zens never get into the jury box, OF
course.
But there is yet another cause; the
legislature has exempted large and
select class from compulsory jury ser
vice; they are named in the statute
and aggregate something like forty
classes.
These names are not put IN the
box, and if they happen to be, the
privileges of the statute are lmmedl-
ately claimed and, Of course, allowed:
An examination Of the large and
varied and excellent classes Of clt1-
zens who are thus exempt from jury
service will astonish the unlnformed.
Among them are all ministers, teach
ers, doctors, druggists, cashiers, tel
lers, editors, printers and numerous
others. Why should any man be ex-
empt from a service which so keenly
affects the public good.
It is not surprising that Fnls he'-
work of impediment combines to
make jury trials in the court OF ses-
sions a hazardous business. But back
of these causes and more potent than
them, there are yet two obstacles to
right verdlcts.
Public opinion is not arraigned on
the side Of the law. and Jurles, ike
men. follow public opinion.
Why public opinion is not tor the
enforcement Of law is profound
question.
A large number Of the bar prefer
a verdict for their client to. verdict
for truth.
Why all the bar is not for the right
verdict is a serious issue. for the bar
and for the state.
:.Onlooker