The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-01-02
ON JURORS
OF LAWYERS AND EDITORS

The old question of the influence
OF newspapers on jurors was up in
the circuit court yesterday.
The occasion was the attempt of
Messrs. W. K. Zewadski and Edwin
Spencer, attorneys for J. w. Hurst,
accused of the murder of l.. E. Boil
Ter, to obtain a change of venue. Mr..
Hurst's attorneys argued that on ac
count of the prejudice against their
client, principally caused by articles
in the Star, their client could not OBJ
tain fair trial in Marion county.
The principal offender, in the eyes
of Messrs Zewadski and Spencer, J.
n Benjamin, editor of the Star, was
put ON the stand, and knowing very
well what shrewd practitioners the
said lawyers are, and how quickly
they would trip him up if his feet
were unwary, he was badly scared
However, Judge Bullock took charge
of the examination himself which
Immediately Gained the apprehen-
The newspaper man had been sum-
moned to give what might be consid-
cred expert evidence as to the effect
reports of the crime had on the mind
:. of 1.-The public, and as to whether the
said reports would so prejudice the
people that Hurst could not have a
fair trial. Mr.. F. E. Harris, editor
q the Banner, and Mr.. P. V. Leayen-
good. business manager of the Star,
were also questioned on this point,
and they all agreed in saying that
they did not think the defendant s
cause was prejudiced by their publ
"a cations
1t may be said right here that
neither OF the Ocala papers, while
both gave full reports of the. crime,
and sympathized with the victims,
made any denunciation of Hurst and
his accomp1ices or gave any advice
as to what their punishment should
be- They could hardly have said any
less than they did and have shown
anything like newspaper enterprise
and human sympathy in reporting
& the occurrence.
Judge Bullock carefully inquired
VT the newspaper men if the feeling
against Hurst was personal or caus,
ed by his alleged crime, and they
concurred in the statement that il
was due TO the latter.
When Mr.. Benjamin was asked
his opinion as TO the effect Of news
paper articles on jurors, he caused
ripple of amusement by replying
that if he was juror he would no
be guided in his decision by any
thing he saw in a newspaper. This
the audience considered a direc
blow at the reliability of newspa
pers from the inside.
a minute later the editor went
little out of his way to say tina
neither would he be influenced in
say, but would be guided entirely b.
the evidence of the witnesses and tn
law as laid down by the judge. Thi
caused another smile, as, for som
reason, people always rejoicetat any
one taking a crack at the lawyers
even those who have had to Deepen
on them to get them out of trouble
Judge Bullock grayely reminde
the witness that the lawyers wer
not on trial The rebuke was de
served, as the remark was irrelt
want; however, as it deals with VIVA
the editor considers an old error an
one that needs reforming, he, will tt
10 give his reasons.
The editor of the Star does NJ
wish to condemn either his own pr
fession or that of the law, both {
which contain their fair proportio
of intelligent and honorable men.
The public should understand. an
the more intelligent part of it dos
understand, that newspaper a
count of any event cannot be CIV
dence unless the man who wrote
saw the occurrence himself. A
cEracy IS a newspapers chief asse
bnt no matter how careful reports
may be in collecting news fro
other people he is liable TO overloo
or be misinformed on the very poll
that might decide a trial. These i
1ccuracies are more liable TO happe
En matters - before IL. cour
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