The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1932-11-14

or taken away, oy one Jot or~tlIle,
the fundamental principles enun-
ciated in Judge Marvin's great
work.
The Right To Trial BY Jury Of
Vicinage
1t was Judge Marvin who form
ulated the rule that in causes to be
tried in Monroe County, the jur-
ors should be drawn from this
county only.
Apart from other reasons for
this rule, it is matter of econo-
my, and in these days of financial
stress when the expense of gov
eminent is becoming increasingly
burdensome, it might be well to
gs back to that rule. Many small
extravagances in the aggregate
help to make the deficit from which
we are now suffering.
But there is another reason for
this rule. We are peculiarly situ-
ated. To most of the people in the
counties north of us, Key West
is almost as much terra incognita
as Kanskatka or Siberia. One
of the great principles of English
Jurisprudence, fostered and jeal-
ously guarded by our Anglo-Saxon
ancestors was the right to be tried
by jury of the vicinage. This
rule makes for justice and is an
incentive to upright living. Where
testimony is conflicting, the pre-
vious upright character of the ac-
cused may be guide to the jury
in determining which line of
testimony is the most reasonable.
Under the present rule, the crook
and confirmed criminal is on
par with the upright citizen who
may be charged with an offense
involving no moral turpitude. This
rule is another monument to
Judge Marvin's fairness and judi
cial habit of mind.
Rule Changed To Aid Convictions
1t may be that the rule as
changed procures more convic-
tons, but that is a matter which
Judge Marvin considered belonged
TO the prosecuting, and not the
judicial arm of the government.
Change Of District Lines
How the Southern District, came
to be enlarged until it includes
some of the most northerly coun-
ties, is bit Of interesting history.
Upon the death of Judge Thomas
Settle, of the northern district,
the Department of Justice in
Washington, deeply concerned
about the enforcement of Federal
election laws in Florida, needed
someone who would tip the scales
of justice occasionally to secure
convictions. Charles Swain, an
unknown lawyer of Kissimmee,
seemed to fill the requirement and
was appointed. From being unfair
in the trial of Federal election
cases to being unfair in other cases
was an easy transition. and he
soon became obnoxious to the
members of the bar. With all his
zeal, juries still refused to con-
Wet and Swain had U. S. Marshall
MiEelle write to the U. s. Jury
Commissioner to put none but
tried and true Republicans on the
jury list" In some way Mizelps
letter became public and storm
of Indignation was aroused, and
articles Of impeachment against
Swain were brought by the House
of Representatives; but he was ac-
quilted by the Senate on a party
vote.
Hon. Charles Cooper. member
of Congress from the first Con-
gressional District, brought about
a change In the lines of the dis
triet so as TO put Duval County in
the Southern District, and rid
themselves of Swain. Judge Swain
was a great Puritan and church,
goer, and his friends have excused
him on the plea Of conscientious
desire for the enforcement Of law.
The same plea has been made for
Judge Jeffries of the Bloody As
sizes.
1t may be apt TO quote here from
a great work on English Admiral
~:
ITO press forward TO a..
great principle by breaking
through every other great
principle that stands In the
way Of its establishments
rs little consonant to private
morality as to public JUSTICE
lie Louis 2 Dods. 257.) Eng
lish Admiralty.
And now, after having tried
briefly TO give q panoramic sketch
Of this Court In the past hundred
years, trust | may be permitted
10 say complimentary word about
him who now presides over this
tribunal.
To you, Judge Ritter, bring
from the members Of the bar Of
Monroe County assurances Of our
friendship. our admiration and a..
teem, and the hope that you viii
preside over this court as long as
did one Of your predecessors
Judge Hames w, Locke, and that
like him you viii be loved BIZ ail