The New York herald., 1922-02-27


honesty. Others would have wome
duty, and perhaps this recommends
tion toward jury system reform is
the most strongly stressed of all
There are two outstanding reforms
advocated.
/. Change the law of the State TO
permit women to serve on juries in
both criminal and civil courts.
2. Change the law so as to broad
en- the field from which prospective
Jurors may be impaneled.
Mary Garrett Hay. leader in politics
and in social reform. comes out en-
phatically for woman service on juries.
Miss Hay points out that many edu-
Gated women OF leisure are willing to
serve. and that they would be especially
useful because of their trained minds
and experienced judgment 1t is the
experience of courts elsewhere in which
women have done jury duty, Miss Hay
said. that the duty was performed con-
scientiously and that the decisions rem
dered were free from bias and un-
swayed by emotion.
1T would be a sensible thing" Miss
Hay said, for citizens to support a
bill making women eligible as jurors.
Senator Nathan Straus, Jr., has intro
duced such a bill, one that is accept
able to women. and its passage should
be urged by public opinion"
Change in Law Would BE Needed.
SO far as the statutes are concerned
little change would be required to make
women eligible to sit alongside men in
the jury box. In the opinion of Fred
erick O'Byrne, Commissioner of Jurors.
the only change necessary would be
the elimination of the word male"
from the law.
IT think it would be an excellent
thing to have women as Jurors" said
Judge Joseph F. Mulqueen. "They are
in every way qualified to serve and
would add from $4,000 to 10000 names
to the jury lists. This would do much
to tighten the present burden upon the
men. who do all the jury service due to
the exemption of so many classes and
professions.
Judge Mulqueen said he felt there
should be virtually no exemptions
among male Jurors, but that II women
are to be used liberal exemptions should
be given to mothers, housewives or any
woman upon whose services some one Is
dependent He cited as an example of
how the use of women would raise the
personnel of juries the many thousand
female school teachers in New York.
with the names of all these women
alone on the jury lists we would have
bright and good juries." he said.
Judge Mulqueen scoffed at tho idea OF
women being too soft hearted to do Jury
duty and pointed to the fact that their
ability to sit in such capacity has been
proved in those States. two of which
are Pennsylvania and California, where
1t has been tried.
Judge Otto A. Rosalsky, member OF
the Bench for sixteen years, believes
that mixed Jury would dispense JUS
tice more equitably than any other. He
says he has seen a guilty woman as
quilted because men were prone to look
with sympathy upon the pretty and ap-
pealing type.
"Of course Il Is nonsense, a mere
superstition. this idea of woman's un-
fairness to woman said he. IT often
assign woman lawyers to look after the
interests of women prisoners because ex-
perience has taught me II Is better for
the defendant. A woman understands
another woman's needs better than does
man. Splendid service and under
standing are the rule when woman is
woman. These qualities would be even
more evident were the woman placed
under oath to Judge fairly"
Judge RosalslSy said there was no
doubt in his mind that the jury Of the
future would contain both men and
women.
A Question of Heart or Head.
Judge Alfred J. Talley said he is un.
alterably opposed TO women In the Jury
box on the ground that they invariably
approach any problem of life with the
heart and not the head"
woman" said he will continue tc
Ne a creature OF infinite variety. Her
asiicate reserve will always be the very
breath OF moral life and the basis OF
h.r Incompatible charm. SO long as
she n woman her emotional strain will
dominate her rational processes and
she will continue to be the inspiration
Of romance, poetry and art so long as
civilization will endure.
"Some women may continue TO storm
against what they call the inequality
Of the law. but in their hearts they
know that the law OF nature Is par
amount to the law Of man. that the
former Is n part of a divine plan that
woman is destined and qualified for the
bearing OF the children of the race and
for the creation and guardianship OF
the homes OF the world and their main
tenance in love and honor"
Judge Thomas c. r. Grain, although
admitting that the addition OF women
TO the Jury lists would make the duty
less burdensome TO men. said he felt
that. because OF the nature OF some oi
the cases I'm General Sessions women
ought not TO sit In Judgment upon them
He said however, that this objection
would not apply TO any extent In the
civil courts.
AS TO raising the standard o,
Jurors" said Judge Grain. "I don't
think much would be accomplished. ]
am inclined 60 think the women we
would get would be about the same type
as the men who are at present doing
jury service
Judge Charles c. Mott. Jr., took much
the same stand as Jud~e Grain, baslna
his lack Of enthusiasm for "talesladies'
rpon the filthiness Of many OF the cases
tried IN General Sessions.
mot only would women have to listen
20 unpleas SAINT and indecent evidence" +"
said he. "but they would have 10 talk
about Il in the fury room. There is no
guarantees that the male members OF n
jury would have the courtesy. In all
cases, TO discuss such subjects In n way
that would not be personally repulsive