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ad | __ Memorandum for Kr. Tolson ~2- June 24, 1936. "In this undertaking, everything pertaining to the pros- pective juror needs be qnestioned and weighed; his nationality, hie business, religion, politics, aocial standing, family ties, friende, habits of life and thought; the books and newspapers he likes and reads, and many more matters that combine to make a man; all of these qualities and experiences have left their effect on ideas, beliefs and fancies thet inhabit his mind... Involved in it all is the juror's method of speech, the kind of clothes he wears, the style of haircut, and, above all, his business asso- ciates, residence and origin. "The liticantea a The — te and their justice, but, in reality, there is no rn ustice, € “either in or out of court. In fact, the word can not be defined... In the last analysis, most jury trials are contests between the rich and poor." Criminal cases, however, practically always have the poor on trial. ®The most important point to learn is whether the prospective juror is humane. This mst be discovered in more or less devious ways. As soon as 'the court' sees what you want, he almost always blocks the game. Next to this, in having more or less bearing on the question, is the nationality, politics, and religion, of the person examined for the jury. If you do not dis- cover this, all your plans may go awry." Assuming that underdogs are being represented because of injuries received or because of an indictment brought by whet the prosecutors name themselves "the state" "then what sort of men will we seek? An irishman is called into the box for examination. There is no reason for asking about his religion; he is Irish; thst is enough. We may not agree with his religion, but it matters not; hie feelings go deeper than any religion. You should be aware that he is emotional, kindly and sympathetic. If he is chosen as a juror, his imagination will place him in the dock; really, he is trying himself. You would be guilty of malpractice if you got rid of hin, except for the strongest reasons.*® San Englishman is not so good as an Irishman, but still, he has come through a long tradition of individual rights, and is not afraid to stand alone; in fact, he is never sure that he is right unless the great majority is against hin. "The German is not so keen about individual rights except where they concern his own way of life. Liberty is not a theory. It is a way of living. He has not been among us long, his ways are fixed by his race, his habits are still in the making. We need in- quire no further. If he is a Catholic, then he loves music and art;