The Sun.
London, England, 1859-03-30 00:00:00

balance of evil and advantage. As to discussion by juries,
it was assumed that this change would put an end to it.
He did not see why it should. The ground on which he
supported the second reading was, that two successive
commissions having recommended a change, it showed such
a change was in harmony with the feeling of the country.
It was said that juries were becoming too apt to think for
themselves, but that was only part of the change in society
which was caused by the growth of intelligence and
education which caused every one to think for him-
self. He believed that trial by jury was an essential
part of the constitution of the country, and caused every
man to feel an interest in the administration of
justice. In his experience the discharge of their duties by
jurymen raised them in the scale of intelligence. He did not
think the bill tended to do away with trial by jury, but
rather made it more permanent than it was in its present
form.
Lord WENSLEYDALE, who was nearly inaudible, was
understood to oppose the bill: The judges had no authority
at common law to discharge juries, and in this respect he
would be glad to see the law altered.
Lord KIN G SDOWN supported the bill. The main objec-
tion
to it was that it proposed to tamper with a system which
had existed for many hundred years. If it did propose to
impair the important institution of trial by jury, no one
would more strongly object to it than he would; but he be-
lieved it would tend rather to improve, and by improving to
p etuate it. When every other institution of the country
rpe
a ad in the course of ages been found to require amendment
and reform, it would be a little singular if this one alonewere
found to be perfect and infallible. He regarded the practice
of requiring unanimity in juries as a defect in the system and
a relic of the barbarous age in which it arose, and quoted
Paley as to the absurdity of taking twelve men promiscu-
ously and expecting them to be unanimous upon any ques-
tion, perhaps a question of great difficulty, in respect to
which lawyers and judges might differ, and locking them
up until they were agreed or were starved into a seeming
agreement. The commissioners of 1854 stated that the
very reason why unanimity was desirable was a reason
why that unanimity should be real and not apparent. By
the present system the supposed unanimity was a fraud—
they did not obtain the opinions of the majority of the jury
only, but possibly of the minority, or even of a single jury-
man, who might, either from conviction or from partisan-
ship with one or other of the parties in the suit, determine
upon starving his fellow-jurymen into submission. There
were some men of very peculiar opinions. Some thought
all criminals lunatics ; others that no conviction ought
to take place in offences against the game laws. When
such persons were upon juries, the greatest difficulty was
often experienced in vindicating justice. By allowing
the majority to give a verdict, this evil would be remedied.
He urged their lordships to give a second reading to a bill
the principle of which had been long in successful opera-
tion in Scotland.
Lord CAMPBELL, in reply, said that no answer had
been given to the arguments which he had advanced. in
support of the bill. Whatever the result, he should think
it his duty to take the sense of the house.
Their lordships accordingly divided.
For the second reading
23-16
Against it
The bill was thus thrown out.
VEXATIOUS INDICTMENTS BILL.
The report of amendments was received.
EVIDENCE BY COMMISSION BILL.
The reports of amendments were received.
Their lordships adjourned at a quarter to 10.

HOUSE OF COMMONS.—(YESTERDAY.)
The SrEARzn took the chair at four o'clock.
PRIVATE BUSINESS.

The London and North. Western Railway (Edgehill to
Garston) Railway, and the Red Sea and India Telegraph
Company (No. 2) Bills were read a third time
and passed. The Mersey Dock and Harbour Railway
Bill was considered and ordered for third reading. The
Mid Wales Railway Bill, after some discussion, was read a
second time, and ordered for third reading, as well as the
Scarborough Gas Bill.
STEAM SERVICE BETWEEN GALWAY AND