Page:Race distinctions in American Law (IA racedistinctions00stepiala).pdf/282

 account of race, color, or previous condition of servitude, and no man is excluded from the jury on account of his color In some of the counties of the State, the boards of supervisors select some Negroes for jury service, but the great trouble is, there are comparatively few Negroes in any county, and none in some of the counties, who can measure up to the qualifications prescribed by law The criminal element in Mississippi is composed largely of the Negro race, and as a matter of fact, the persons of that race charged with crime and the lawyers who defend them, the large majority of whom are of the white race, do not want Negroes on the jury, and Negroes are almost invariably challenged. If Negroes chance to be summoned on a special venire in a capital case with white men, they [the Negroes] disqualify to avoid service, sometimes by claiming that they are not registered voters, but generally by claiming that they are opposed to the death penalty.

"The following incident happened in one of our courts and may help to shed some light on the subject-matter wanted: A Negro was indicted for manslaughter. He was too poor to employ counsel to conduct his case, and it not being a capital case, the court could not appoint counsel for him, and told him so. He said he would do the best he could without a lawyer, and the court told him of his rights under the law, that he could look over the jury, and of his right to challenge four of them if he was dissatisfied with the panel as it stood. There were four Negroes on the jury, and he very promptly advised the court that he was not satisfied; the court told him he had a right to object to four of them, and he very quickly told the court,