The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-09-04 00:00:00

A JUDGE ON JURIES.

The evidence given by Baron Bramwell before the
Law Courts (Scotland) Commission as to trial by jury
is worth attention. In answer to Mr. Shand's goes-
Con, "In the majority of eases do von think that a
trial before a jury or before a judge is tube preferred?"
Baron Bramwell answers :

That is a very large question indeed. I think if I wanted
the truth to be ascertained in the particular case, I should
prefer an Intelligent man who had been in the habit of
exercising his faculties all his life on such questions to
twelve men who hail not been in the habit of exercising
theirs, who might not be so intelligent men, who cer-
tainly have not been in the habit of exercising them
together, farmers and others, who are very much fatigued
from being taken and shut up in a hot court. If I
wanted nothing but the truth in a particular case, I
should prefer the verdict of the judge . and it seems to me
impossible to doubt he is the preferable tribunaL When
I was first made a judge myself, I was very strongly In
favour of trials being before a judge; but I am afraid
that the jury is a crutch that I have been leaning on for
so big a time that I have now got used to it, and I don't
think I am as good a judge of the question now as I was
13 years ago. Moreover, there is no doubt that Wel by
pi.), popularises the law. I remember a case before the
House of Lords in which I was contending for a particit
law construction of • covenant, and my brother Wilke
wee contending the other way, and the question put to me
was—flow was it possible that people should enter into
so stringent a covenant as you contend for? I said,
" My lords, they will trust to that true court of equity a
jury, which, disregarding men's bargains and the law, will
decide what is right in spite of all you say ti them." And it
Is so I don't say thtt they do not regard the law, for I be-
lieve they do but every man most feel that, although he
may have the law on his side, he is in some peril if the justice
of the case is not with him also. I think it would be difficult
to discrimtnate between civil and criminal cases and in
criminal cases I think it is better that the judge should not
be the man to find the prisoner guilty. But it is a very large
question; and I feel some hesitation in offering an opinion
about it.
In answer to a further question, "You have had no
cause, from your great experience, to be dissatisfied I
with jury trials " the learned baron answers :
No. There are cases In which juries go wrong: for In-
stance. In an action against a railway company, they gene-
rally go wrong there ; in actions for discharging a Fervent,
they generally go wrong: in actions by a tradesman against
' a gentleman in questions w ether articles supplied were
necessary to an infant or wife, they are sure to go wrong; in
actions as to malicious prosecution, they are always wrong,
i You may say Cu them, "The question is not whether the
. man is innocent, but whether there is absence of reasonable
, cause arid malice," but in vain. They find for the innocent
man.
In answer to Mr, Justice Willes's creation, "And
cages 14 running clown ?" Baron Bramwell replies :
There they generally find for the plaintiff . • so much so,
that a Mall who has run down another, if he is wise,
I will bring the action first I remember one co., particu-
larly, in which the question was, whether the man that
recovered was free from blame, and there was blame in the
other: and each recovered In the action where he was
plaintiff.