The Cairo bulletin., 1910-12-09

connection with the acquittal of muir
derers In our courts is that citizen,
evade jury service, and as stated, tbs
complaint is not without good founda
/ on.
But If this is offered as full eX
lplanation for the miscarriages of jrs
(, lice IL such cases, and as change IN
this respect s offered as a cure TO,
such miscarriages it Is very wide al
! the mark, for here again steps in the
! law with its thou shalt not" The
Bulletin has discussed this phase OF
the subject repeatedly during the last
year or two, and while always admit
ting, as it does now, that some so
| called good citizens do deliberatels
and vilfully evade jury service, it
has contended that wherever one
such citizen has done this ninety an!
nine have been disqualified by the law
or have been peremtorily rejected
most generally by the attorneys fcr
the defense.
The most serious trouble in this
respect seems to be that the law re
quires qualifications fer jury service
to which comparatively few good citi
zens can subscribe. The average good
citizen keeps posted about what goes
on in the community Few fail to
hear or read the story OF a brutal
crime. and few fa'l to form or ex
press opinions as to the guilt or in
nocence OF the perpetrator. WhnnI
called for service on a jury in such 4
case they viii tell the truth about
this as good cit gems must, and will
be promptly told to step aside, f3rl
the law does not permit man tol
serve as a juryman who has formed
and expressed an opinion as to the
Guilt or innocence of the accused,
even though he may be able to swear
that he can give the man fair trial
according to the law and evidence as
presented IN the trial,
And if the candidate for jury ser
vice admits that he has formed an |
opinion as to the guilt or innocence |
of the accused, but has NOT Ex |
PRESSED it to any one, and Ii he
declares that the opinion is so strong
that t will require sworn testimony |
% change it, then also. the law says |
he must step aside But here some |
question may be raised as to whethel |
If not it really requires sworn testi |
aony to change an opinion forme
merely on hear-say testimony. More
han likely, many if not most mer |
Who declare that it W II requiie sworn |
testimony to change their opinion
sased merely upon what they read G.
heard about the case make this
declaration without due deliberation:
and they would with equal readiness
declare that testimony not sworn tc
but equally credible as that on whic'
heir opinions were based, but posi-
lively reciting contrary state Of
facts, would induce them to chang,
heir opinions
Men in business, who are cor
,cientious but are unfamiliar win
aourt proceedings and court life, "a
not likely to think out or discover a
1 Eance this fine distinction upon
which SO much depends in qualify:re
for jury service in a murder case; an
he result Is that they disqualify
themselves under the law, only to
make room for men who are less
serupulous, who have been careful "
elected and coached for the occa sgr
~ friends Of the accused, who wi
wear to anything in order to qualif
md who go on the jury pledged ir
ldvance to vote for mot guilty first
asst and all the time, no matter VIVA
he law AMI evidence may re.
The Bulletin knows, from a casefg
GLOWING OF Proceedings in three O
cur Of the cases in which justice wa
utraged. that the chief causes Of the
ferdicts of acquittal we're perjury CT
he Witness stasd, packing OF iurias
nth men who had been fixed" in al
}ance, and, in at least two instances
error in the rulings of the court,
which hampered the prosecution ami
lide6 the defense. 1t is willing to adj
nit. however, that good citizens may
contribute something to make jury
packing less easy by giving more at
.ention to court proceedings, by max
ng themselves more familiar with the
Jaw relating to jurors qualifica
tons, and giving more thought tel
their Own state OF mind with refer
9nce to the case, in order that they
may not inadvertently disqualify
themselves by their answers to ques.
Ions that may be asked them by al.
orneys In the case on which they
nay be called to sit.
LOWER INSURANCE RATES.