Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1848-01-07


find verdict of particular kind ana
frown down all independence, and deny
all right to Judge on the part Of the jury.
carrying their authority so far as to fine
juror for not agreeing to a particular
verdict. Such usurpaiion renders the
trial by jury a mockery; and it is but
reasonable for a judge to know and to feel
that there are we'll defined limits to his
authority where the authority of others
begins"
The fact is, jurors have been, and are,
mere machines in the hands of the court !;
they act merely as they are acted upon =
speak as they are spoken to- They are
ordered out like houn Is to do the bidding
of their master, whereas they should be
treated like men, and be permitted to draw
their own conclusions from the premises
presented, however much such conclusions
might differ from that of the court.
Dir. President = You have heard the
fable Of the wolf and the lamb. The wolf
says to the lamb. "Quit stirring up that
water you make if muddy while | wish
to drink"
The lamb informs linn that it must be
a mistake, since he the wolf is higher
up the stream, and the water flows rapid
ly from him.
Do you presume to contradict me to
my face Besides, you sandered me
several years ago, by saying that was
F., icrocious wild BEAST
The lamb says that is impossible, be-
cause that was before he was born - he
being only six months old.
GU scoundrel do you persist in
your contradiction BY your nonsense
you have already detained me from my
! breakfast" At this momen. the wolf
snaris, tears the lamb in pieces with his
claws, and directly he is undergoing the
beautiful and mysterious process of diges-
ton IN the stomach of his woIhsh mai
| esty.
| Such, to a greater or less degree, from
| time immemoriai has been the relation ex-
listing between the bar and Jurors, and the
! bench.
Courts here have in effect exercised an
absolute Ueto power upon the verdict o f iu-
rles, in the first place by directing them
how to find, By charging them, by making
set arguments and speeches, at the same
time, inadvertently perhaps, putting on
all the necessary grlmaces peculiar to old
and well practlced advocates, raised from
the bar to the bench the sneer of con-
tempt, the leer of irony, the toss and swag
ger OF seIf-suiiiciency,
In the second place they have had an
at solute reto power by awarding new trials
al anfnatitn, and prostratlng the cOnclu-
slons to which they have arrived iuto the
dust, and trampllDg upon them. In a
word, they have ever been armed with a
twoedged reto slcord, with which they
could cut and carve the very yitals out of
any cause or any victim that came with
in their jurisdiction. Does this comport
with the principles of our free institutions!
Is 1t not kingly - dictatorial? Even
with the proposed amendment incorpora-
ted into our bill of rights, the bench will
have power enough in all conscience.
without any action Of the legislature upon
the subject. He would have the power of
awarding new trials, besides the exercise
OF those powers which all are willing to
admit belong properly to his prerogative.
| am satisfied that any legislature, in o.
penlng the way for the court to convey
his law TO the jury, would do right =
would do 1T in a way similar TO that suo-
gested IN the resolution heretofore intro
duced IN this convention upon that sub
Jet that they would confine it to the
abstract principles applicable tothe cause,
which are generally few. and would re
quire that they bereduced TO writing. and
that they be made part Of the record
BY this plan there could be no lodging of
the question, and any intervening error
could be easily corrected in the court A.
bove. What, then, ask, are the obiec-
tons to the amendment? Do YOU say
Is iegisIating? | deny it. 1t is only de.
ClaratOFy of ( ho vriu IL cd lou -