Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1843-11-09

We loNtl1 0ufnfAQu 20 tH4 tQlIQNlu| ofAtl q I
petition y The Le&slatpFe On shs sobiect 81 !
ebahee.in he sxkilng jury system Of fiERlnla.
y has been PREPARED y . gentleman wei..nc-
|Q0aipie6 with such ru6jscts-and tefiain|y d> /,
seste he <tilc1A consideration Of every man
= he cpmn0n VeaIlh. WepoDlt suggest % |
.b.,hep, Who nay haze an opportunity u doins
entWhU c6hcng II he views Of the utlseg.
mat ihsJ CPL The petition ous Of The paper. and
appendrlo \ snip of blank paper far he pnr-
pcSs q cbtaining SsieiuFes--so that he metier
nay oe lad neiois The Legislature a he ensd- |
20 Tie People Of .4ugxsta County,
tellou-Cilizenss hex leave 70 bring 70 Yonr
notice s1biecs 10 which you are III decrIy To-
setessed. and which il closely connected viii The
unes speedy, and economical adminsifatiu1 IL
paolic justice ~ refer 10 4 change 10 The jury
system q Virginia. Il IS sabject which has
yen NUN .alksd about b The people, hus here
isiofe no steps have been taken hasins q ten
dSncy 70 produce any Pfactcal change. Ny
pafpose how y merely TO adef some suggestions
iqr public consideration, ID the hope they may
lead other persons more competent than myself.
g present their views. and thus elicit something
Ike az expression Of public opinion in regard 10
y, Aud IN order 10 give the maller a tangible
shape, have eOHeluded 10 throw ny opinions
inlo the form Of petition 10 The General As
srmbly Of Virginia, 50 thai those who concur in
them may have an opportunity 81 bringing the
sabjee, before ihe only tribunal which has he
power % afford HE prOpef relief S.
To The General .asstmbig Of Virginia!
The petition Of the undersigned ciizens Of
the county Of Augusta respectfully replesents--
That 10 The opinian OF your petitioners, the
present jury system Of Virginia is very inefii-
Client. and unequal. and onerons 10 Tvs operation
and needs radical reform. BY the existing laws
the sherits. are required 10 heCo1niy Courts to
summon iuIies as the cases may be called for
trial, and 10 the Superior Courts, al the close Of
each day 10 summon "a Jurors. 10 be in attend
ance on The next succeeding day. The Jurors
thus summoned are reqniied. under heavy
penalty. 10 remain ID attendance upon the ses-
sions Of The Court, from day to day. and some
times from week 10 week until they are dis
charged. For this service, however laborious
or long continued, they receive no kind of CON-
pensauon, and are compelled 10 bear their own
expenses whilst they are performing il.
The practical results Of this system are in
many respects pernicious.
In the FIRST place a. large amount Of the time
Of portion Of our eliow.ctizens--wh is
their most valuable propsrfy-s taken from Them,
wilhou: any compensation. This is in itself
unjust, but when we come TO look at the prae-
teal working Of the system il viii be found that
Ethe evils Of the principle are greatly aggravated
BY exirinsic causes. IL we refer TO the records
of our Courts. il will be found that much The
larger number OF those who serve on juries, and
WIG are thereby burihened with the expense Of
the Administration Of justice. are those who are
least able 10 afford il and have least litigation Of
their oNQ. Sherifs are but men, and cannot be
exempt from those feelings which are incident
| 10 human HAtufe; and hence We see that men Of.
M al and in obi -
release from service on jures, while poor men,
mechanics, and apall farmers, are compelled TO
bear the burden ofNIhe day. In many instances
u happens that young mechanics, who have fa-
| miles 10 support. ana nothing but their lsbour
10 depend on Tor their daily bread, are obliged
20 close their shops for Waek at lime, to per-
| form the functions OF jurnfx il court-or some
Young farmer who has lefl 1Q one bur bis wife
and little children at home .~ieixor ffleen miles
from the Court House. L detaiQed on similar
service. until > late hour in ihe evening. end
hen compelled % remain in ,owqSst heavy
expense, or ride home. BY midnieht. 10 relieve
The anyieies Of bis family. and pfevena his stock
! from Suffering. At the same time. lhe mnre IN
fnsnlial lnd. wealthy citizen, who er.|1 r.r
The expe1 fenainine OF aStseern| .0i @I1
has seTyan.S az .@Ifo attend 10 bis 81 & n4k'
1 ccmTieie iuimuh|l tthxahis oppfes 81 |sSiN
vice This IN Be conceded, IS gross ny.
| tice.
But Ihis1H 10 @1Is The efeaI>& s. +.
lfhHpuhl' bic <suiis from the system z<1tf
cntlwiiI sAckno~iedee The appearances az havin1
our most experienced and yell afornied men On
-Four iueies- -lrsi- necessary 70 INSPIRE comm
gence % the correctness Of the Yerdicls, and To
give dignity to the administration of Justice.
But how can such result be accomplished, il
me lufios are composed of the younges, aud
least educated portion OF the community? The
natural effect Of our system1s visible in the
contempt with which tho verdicts of juries are
regarded-in The frequency Of hung jures-in
zee faculty With which new trials are granted
70 the delays the final decisions Of conlrover-
Sues and IN the,enormous accumulation of costs,
Thich induce many men 10 abandon their
rights rather than inepr the cost and trouble of
prosecuting them.
fonr petitioners might extend The detail Of
the evils Of the present system 10 an almos; in
definite length. hut as they will readily suggest
themselves TO the minds or an enlightened Lee
eislature, they will forbesr from farther notice
Of them and proceed IN suggest Ire remedy which
thew would respectfully propose.
They ask thai law may be passed providing
i0r The establishment ofa jury system, some
what similar 70 that which prevails in our sister
states OF Pennsylvania, Ohio. end Kentucky. |
And as The people Of other portions Of The com
monweslth mag not desire such change as
Your petitioners seek, they would respectfully
ASK that the operation Of The Law might be limi-
TED 10 the county o: Augusta, and such other
counties ss may think proper, in a mode 10 be
prescribed BY lsw. to ADOPT ii. Your memorial
ISIS would respectfully represent that i prece-
Gent icr this species Of partial legislation, may
De found in The road-law. and they are not ad- |
vised Of any evil consequences which have re-
suited from Il;
The leading features ofthe law which they
would propose. are
Isl The commissioner Of the revenue. the |
sheriff, and the clerk, shall. one month before |
each Court, Mace the names OF 100 intelligent |
and respectable citizens IN boz. and draw |
thence "a nr 36 names. and the persons whose /
names shall be Inns drawn, shall be summoned !
az least len DAYS before the Court, 10 act as Jury
men during The term.
god. These jhrymen shall receive for their /
services one dollar per day, 10 be paid out Of |
fund 70 be levied as a part Of the county levy /
This expense 10 be reimbursed in part by q TAX /
Of small amount upon each verdict.
The advantages which your petitioners anti
cipate from this system, are briefly these
ISL The ipinsiice aud inequality OF the pre-
sent system will be rcmnyed
2nd- The jurors viii be notified 10 advance OIL
their appointment, and will be able to make their
arrangements 10 be absent from home.
5fd There viii be less danger Of packing a
lurF 70 .suit any given case, as The sherifs will
have no discretion ID The selection of jurors.
IN. The jnr5fs will be more inteligenf, and