Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1857-07-29
From the London Times, July 8.
The Jury system.

BY the law of England the - men who ar,
charged with the determination of case, wheI
they retire from the court to consider their YER
dict, are committed to the care of an usher, wht
is bound to let no one speak to them nor Il
speak to them himself, and to deprive them O
meat, drink and fire until they shall have giver
| their verdict.
The results of this system are sometimes lud
crous, but more often painful. We will not say
that prisoners are often convicted through the
unwillingness of jurymen to brave a night o.
hunger and discomfort, for, as the Judge ha.
charged them to give the prisoner the benefit o.
any doubt the worst that can happen is that 4
reprobate is oLce moro let loose on society. Bu
in the civil causes it is very different There
the question is not between the community and
an individual, but between one individual and
another. The conscientious juryman cannot
venture to compromise matters by leaning to-
wards plaintiff or defendant if he favnurs the
one he Injuries the other, and unless he would
| lay perjury on his soul he must hold out to the
last for the opinion which he has formed. Now
though it is manfestly the duty of every citizen
to serve when called upon as an arbitrator in his
neighbor's disputes, and to give his verdict with
the same honesty as he would expect from an.
other. ii is somewhat too much to demand that
he should endanger health and even life in
weighing another mans pecuniary rights. Any
name on the list is objected to If its bearer has
the slightest interest in the cause to be tried {;
all the ingenuity of attorneys and clients 10 ex-
erted to strike off every man who may be sup
posed to lave q prejudice for the opposite side
{ it may therefore be concluded that on the whole
the jury is an impartial body. But how are
these IL men who are sworn TO do right and
have no interest to do otherwise, treated by the
law2 One would think that their conscientious
disagreement after certain limited time would
he held sufficient to warrant their discharge, and
that if they could not agree in two or three hours
the case might fairly be considered as INSULT
cently proved by evidence, and az therefore de
manding further examination. How different
the actual practice is from this is shown in the
case of "Elkins vs.. Murphy" tried before Lord
Campbell on Tuesday. The jury were unable
to agree in their verdict, and retired to delibe-
rate at half.past / o'clock. At B o'clock the
Chief Justice sent for them, when the Foreman
said they had not agreed and that there was no
chance of their doing so. Two Of the jurors diff
fered from the other ten, and no arguments OF
his own had been able TO convert the recusant
pair. He, himself, he said, lived at Hampstead,
and in order to be in time for "the sitting" of
lIl6 SOuTL udu lclb tiihI iiiOlbiuS WilH-
out his breakfast. Lord Campbell, of course,
exhausted Juror. He had no power to change
what was positively provided. The jury must
be locked up again, and under the enlightening
effect of imprisonment they would, no doubt,
come to an understanding. The Foreman then
bluntly declared that he was physically incapa-
BILE of giving any more attention to the case
The Jury, he said, were not permitted to have
the slightest retreshment, and his health would
be much endangered if he were confined any
longer. Another juror complained of serious
illness. 81 am very sorry for your 'sufferings,'
said Lord Campbell, "but cannot assist you.-
must ask you to retire again." After another
remonstrance from the Foreman, a juror begged
that they might be allowed something to eat.
and then they would see what they could do
Lord Campbell could not entertain this PROPOSE
tion, but was willing, If there was no objection
from the parties, to discharge the jury. The
defendant consented to this but the plaintiff
would not hear of it. The most that could be
extracted from the latter was that the jury
should he supplied with refreshments. The de-
fendant consentng to this the jury were again
ordered to their room, with the understanding
that they were to be supplied with moderate re.
freshments, but that no stimulants or tobacco
were to be allowed. At last towards midnight,
they agreed and rewarded the more humane of
the parties-the defendant-with a verdict.
No one can deny that such scene as this is
somewhat too farcial for Court OF Justice in
our day. The endeavor to extract verdict
respecting the right to sell house by lockingup
II respectable lnen all night reminds one more
of the rude procedure of savage tribes than OF
anything which prevails in civilized country.
Be it observed, also, that in criminal case the
refreshment which the jury in 'Elkins v. Muir
phys received could not have been allowed
There are continually instances of a jury being
shut up all night OH q trial for felony and dis
charged in the morning without verdict, after
more than one of the jurymen has been brought
to the point of exhaustion. In the case OF o.
Doherty, the Irish rebel of 1S4S, two Juries, il
we remember Alright, were thus discharged. 1t
is difficult to believe that in any CAUSE, civil or
criminal, the ends ofjustice have been forward
ed by the denial of sustenance and warmth to
the men intrusted with the performance of an
arduous duty. To our progenitors of the dark
ages, who believed implicitly in bone and sinew,
it was natural to think that the men who form
ed the most honest opinion would be those who
could hold out most easily against "a hours
fast. But we, in our day, have learnt, whether
rlShty Or DOT, ID OelIe'e III d uisin'e6'"''oh w
tween brain and stomach. An acute perception.
logical intellect. or large acquaintance with
business and its rules, may be found in con-
junction with weak digestion or consump-
tive chest. To keep man of weak constitution
without food in freezing atmosphere until he
can persuade broad shoudered giant, fortified
by one enormous meal, to adopt bis opinion, Is
certainly as irrational proceeding as can well
be imagined. We trust that among the little
reforms which the law lords are continually max
ing, Bill for dealing more sensibly with hesl'
tating Juries may not be forgotten.
SEPARATING THE SEXES IN SCHooL.-On TINS
point, Mr.. Stowe, q celebrated Glasgow teacher,
uses the following language :-"The youth of
both sexes of our Scottish peasantry have been
educated together; and, as whole, the Scotch
are the most moral people on the earth. Edu-
cat;op In ENGLAND il piyen separutey and we