The New York herald., 1922-03-19
But Theory of Reasonable Doubt Always Prevails to
Protect Criminals if Evidence Is Not Conclusive
and Thus They Escape Justice.
By WILLIAM M'MURTRIE sPEER

Bronx; Thorndyke c. McKennee for
Queens and Edward l. Miller for Rich
mond These commissioners furnish
the juries for the State courts.
Then there are two United States
districts-the Eastern District for
Long Island and the Southern Dis
trict for New York, The Bronx and
the Hudson Valley. In the United
States courts the jurymen are chosen
by the clerk and a commissioner of
jurors. The commissioner Of Jurors Is
required by law to be OF different poll
tics from the clerk. Some 5000 Jurors
are called.
About 10000 men are summoned
every year by Commissioner OBryne.
of whom about $4,000 serve. This in
cludes all the jurors for the one GRIM
inal and the seventeen trial terms of
the Supreme Court, the eight trial
terms Of the city court, the six trial
terms Of the Court of General Ses-
sions, the surrogates' court, the mu-
nicipal courts and the grand juries.
In The Bronx there are 5000 or 5000
jurors for the three trial terms Of the
Supreme Court, the Surrogates Court
and the County Court, which has both
civil and criminal trial terms.
In Brooklyn there are five trial
terms Of the Supreme Court, the Sur
rogate's Court and five parts OF the
County Court. In Queens and Rich
mond there are trial terms of the Su-
preme Court. the Surrogate's Court
and the County Court.
Most Municipal Court Cases
Are Tried Without Jury
In each county there are also oc-
casional jury trials in the municipal
courts. The great majority of cases in
the municipal courts, which have only
civil jurisdiction, are tried by the
judges. There are no jury trials in the
municipal courts unless especially de-
manded and a special jury fee paid.
However. in Supreme, County and
General Sessions Courts the jury trials
are matter of course.
Jurymen are paid SO day. They
must be male citizens of the United
States, residents of the city and
county, not less than 81 and not more
than 70 years of age, the owner or the
husband of the owner of property
worth at least $3.50. The juryman
must also be in the possession of his
natural faculties and not be infirm or
decrepit, intelligent, Of good character,
and able to read and write the English
language understandingly."
In practice this is construed to be
that he must not have been arrested
on charge of offense. A man who
has been convicted of q crime is not
regarded as qualified to be q Juror.
SO great is the aversion ON the part
Of some men to serve on juries that It
was found that there were many cases
claiming exemption on the ground
that they were not residents of the
city or county but maintained a legal
residence at 4 country place. To put
stop to this exemption the law was
amended that no matter where a man
votes or maintains his domicile "he is
a resident within the meaning Of the
jury law If he dwells or lodges here
the greater part of the time between
the first day of October and the last
day of June"
1T was decided by the Appellate Di-
vision and the Court of Appeals that
a man born in New Jersey who lived
and voted in New Jersey, but who had
room in New York where he lodged
during the greater part OF the winter
and the spring must serve a., a Jury
man in New York. The c6ut in this
opinion in this case wrote:
1T will not do to say that one shall
have Of a community all that he can
get out OF the community and on the
other hand shall not return to the
community some corresponding obliga-
ton of citizenship"
Except that there Is no concord OF
action between the State and the Fed
eral court so that a man may be
called on both the State and the Fed
eral jury In the same year jury SER
vice in the civil courts Is not, in fact,
onerous. In Brooklyn a new set OF
Jurymen Is supposed to be called
each week. In New York surymen are
called for a month in the Criminal
Court and for two weeks in the civil
court. A man is not supposed to be
called more than once In two years.
Citizens Eligible for Duty
Checked Up by Commissioners
Service on the Grand Jury or
Sheriff's Jury, on the ordinary jury
which is called petit jury" or Mu-
nicipal Court Jury or Surrogate's
Court arc all kept track OF by the re-