The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-08-03


opposite to those which gave it birth-even that
privilege the gem OF the magma charta, which
allows every man, in this country and England,
TO try his cause of right and wrong before twelve
of his peers, is daily abused.
The object and purpose Of jury is to obtain
the unprecedented opinion, either of law r of fact
or both, oil a sufficient number of men swo,l to
the truth, whose unanimous verdict shall estab-
llsh decision, and whose disagreement leaves
the controverted question in its original doubt;
and were this end attained, we might well call
trial by jury the safeguards of our rights; but as
now carried on, we regard the whole proceeding,
nine cases out OF ten, as mere farce, overturn-
ing the principles Of law, and when resulting in
righteous judgment, happening more ex-
cepnon than as a rule. We begin to believe
that in very few cases, where jury are out for
any length of time, that a verdict is given in ac-
cordance with the true opinion Of each separate
juror. There i, doubt that one or more strong
minded men can influence, form, and even
change the purpose OF the remainder Of the
twelve. The jury room is often turned into a
debating room, where, from fatigue, hunger, or
carelessness, part of the jury compromise with
their consciences, and throw the responsibility Of
the verdict upon those Of firmer purpose, to whom
they yield. In proof of this, we have the very
fact oil a jury being days, and even weeks, with.
out arriving at decision. Let but one special
peader advocate the side of the cause contrary to
the feelings OF the majority, that the effect of
the evidence and the Judges charge, fresh in
their minds when they first came from the Jury
box, is entirely forgotten, and they give in TO a
second argument Illegally presented, not because
they are influenced by a sense OF right, but by
fatigue. We knew case where, on the first
entry of a jury-box in of arson, eleven were
for conviction and one for acquittal yet this one
IN such manner overcame the scruples of the
others, by his fallacous but ingenious reasoning,
that they all were persuaded into giving a verdict
agreeable to his views. This, of course, is an
unusual case but if happening once to this
extent, why not occur every day in lesser degree.
In some countries of Europe, majority two
Thirds OF a jury are sufficient te determine upon
verdict, and the latter number we consider quite
enough to secure the ends OF Justice; for by this
method those from the twelve who might be in
fuenced by interest in arriving at decision,
would not generally be of a sufficient number to
neutralize the action of the remainder-one man,
then, on jury, could not affect the eleven, and
the twothlrds necessary would not be dependent
upon the obstinacy of the minority. In such
countries we do not hear of Judge compelling
verdict 10 be given under the coercion of conine-
ment and hunger, an occurrence not with us;
and yet throwing broad power into the hands Of
those who in trying matter of lif, and death,
or property, possess the most nerve, and the most
physical endurance.
We speak nothing of the expense sometimes of
ndng the collection of competent set ofiury-
men, because If justice can be had for all, the
cost ls not to be looked at but if justice is not ac
CURED, the cost is burthensome one upon our
citizens Another Of the chief objections to our
present form of trial by jury, is the admttance of
those IN The box, who are utterly ignorant of the
first principle OF common law. How often do we
see evidence brought out by stealth, and having its
influence upon the jury, even though such evil
dence is immediately ruled out as inadmssibIe;
IT leaves an impression, which the skilful lawyer
intended that it should, and has its effect on the
verdict Instead ofmen, then, who are forced into
the jury box, utterly incapable of disc Eliminating
between legal and illegal--who come there morose
and captous from their being taken away from
their daily avocations-and who remain l;stless
from the commencement to the close of trial
and who will agree to any verdict provided they
be allowed to escape-instead of such men, let
jury be formed from men of education and inte-
gritty, and let such men be well paid
we believe that the whole system needs tho
rough reorganization. 1t has remained the same
through series OF years, and though sufficiently
perfect at the time it originated, in comparison
with the feudal laws, yet the march of mind de-
mands reform; the feeling of conservatism.
comparing it with the remnants of the dark ages
which 1t succeeded, finds it SO UNNECESSARILY su-
penor that any alteration is regarded as sacri-
gieus; but the time is arrived when the pub
lie are alive to its mperfectons- as criminal
after criminal escapes just punishment-as the
poor man suffers by the strength of the rich--con
tidence is rapidly lost in the nialbility of jury
trials.
There is one method which would do away
with all the objections to our present FORM and
would, we think, in the end, secure uni form Jus
tee IN both criminal and civil suits. Let our
jury, as now, consist Of twelve men, and let them
be intelligent, honest, and sworn to the giving of
verdict by the legal evidence; let the agree.
ment OF two-thirds of these be sufficient for
final decisions and let no communication
whatsoever pass between the different Jury
men, subsequent to the charge of the Judge.
In this way, unless every man on the iary was
picked or bribed, an honest verdict would GER
tainly be obtained; the time now wasted in de.
bate, and the disgraceful quarrels in the Jury
room, would be saved and at the time when
each juryman would have fresh in his mind
every point of the evidence, he would be called
upon for his decision. In criminal trials each ia.
lyman could write on a ballot, equity" or "not
guilty." and such decision would be infinitely
more satisfactory to the public than at pres ent,
because no charge of undue influence could be
t,a1a Mo- "a T.. ~
versity of opinion, no parry outside would be
aware which Of the jury in favor, or which
against, the side such party might advocate. At
present, the feeling arising from these grounds, is
one of incalculable effect upon the rendition of