The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-06-18

organized fire departments, perhaps,
come within the same sphere now.
1T seems to me that there are
now entirely too many Of these statu-
tory exemptions: too many men are
relieved from jury service; and the
result is the loss to the jury system
of many men In every community
who should serve on juries and help
TO bring in just verdicts. and get to
understand better by actual eX-
perience, the difficulties of the situ-
alton, and be less prone to critic!se
the verdicts of others of their fellow
citizens who have actually heard the
case, and upon whom the burden Of
the service has fallen.
II am strongly for urging a close
revision Of the list of exemptions,
and confining them strictly to such
cases as really are necessary or, at
least. expedient, for the public well
fare; so that our juries may, in fact,
as we'll as in theory. be drawn gen
orally from the body of the country
at large and so as to include all class
es and callings of men,"
The last curious feature OF the sys-
TENS of trial by jury to which Judge
Memminger referred was the right of
pre-emptory challenge.
Right of Challenge.
while this is right" he said
Seems to be of very ancient origin
and, from that very fact of long and
universal use in the administration of
law under the jury system, and while
1t has been held by our courts to be
a right of rejection and not of select
ion. and has even been curtailed from
the maximum of 35 under the com
mon law, to 20 in our statute; yet
practically, as we see ii now in oper-
alton, it does seem sure that the num-
ber should be still further cut down.
1t no doubt is true that a few pre-
ed to serious cases where, frequently
while no difinite cause for challenge
can be assigned, there is yet some
instructive feeling on the part Of the
accused for the prosecution that the
juror is not indifferent; yet beyond
that. the challenge for causes would
seem to be sufficient safeguard for Sc
curing an impartial jury; the cause
to be determined upon questening the
juror and proof, for the decision Of
the trial judge, as 1t is now subject
to review upon appeal"
Judge Memminger maintained that
one Of the most notable functions Of
the system of trial by jury was it's
direct educating influence. This in
fiuence was not so widely felt when
criminal cases alone were tried by
jury but when the application of the
jury to civil cases it has been kept
constantly before the peoples eyes.
The civil jury serves ito imbue the
minds of the citizens with a part of
the character and qualities of a
'NNSN' Inv Jaws dlSo are Taught tO
him in a practical manner.
Judge Memminger told the men,
bers of the senior law class, soon TO
receive their degrees, that 1t was with
this system of trial by jury which
they were to come into contact. They
would observe. he said, many appar-
ent imperfections, but "in common
fairness it must be borne in mind
that the very large percentage of
correct verdicts escape public notice;
whereas, it is the small percentage
of wrong verdicts. usually in motor
ious cases. which attract attention
and call forth adverse criticism. In
other words. the misses, not the hits,
are counted. 1t is with the system
of trial by jury, however, as 1t is
that | have had to deal, seeking the
best obtainable results but conscious
of many failures; yet always striviny
cheerfully on"
1t has. too, fallen to my lot" sail
Judge Memminger, "in my work as
judge to have tried before me
some of the most difficult and motor
ious cases of recent years, and it is
of the knowledge gained in these ey-
periences that / want to speak before
closing my address.
Style of OratOry.
You will hear Of the wonderful
speeches of the lawyers of former
generations i'm South Carolina, ana
YOU hear of decadence at the bar
and that oratory has gone out of
fashion, and that the argument of
the lawyer is useless. and that the
jury docs not wish 10 hcar tho INV