Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1859-07-08
From the Woodstock Age.
Is Trial by Jury a Failure ?

the part of juries have brought reproach
upon, and some distrust Of, this great in
stitution Of the common law" Adopting
this language as a test, Baltimore pa
per comes out with the query at the head
Of this article, and has followed it up
with a somewhat bitter attack upon the
system of trial by jury, and the eccen- |
;ricities," and what the article alleges,
may be called quite as correctly the
perjury of jurors.
The foregoing is the beginning of a
very excellent article pro and con on the
institution of jury trials, published in
the Boston Post of Monday, in which
the writer finally comes to the conclusion
that they cannot well or safely be dispens-
ed with. A very correct conclusion no
doubt, but the eccentricities" of juries
are sometimes so glaring that the public,
the lawyers and the parties themselves
are not unfrequently surprised that the
twelve men selected to render verdict
should apparently be the identical ones
which of all others seemed to have the
least appreciation and knowledge Of the
matter at issue. Take for instance,
case tried at the present term of Court
in this County the result of which if con-
sidered as a precedent involved a conse-
quence of from S150,000 to 100000.
We refer to the famous Railroad case"
The turning point seemed to be the local
ity that the jury should give to Derby
Line" and strange as it may seem,
twelve men were found in Windsor
County, who had never yet learned that
the aforesaid well defined and respecta-
BILE old village, was "laying around
loose" somewhere between Uncle Sans
domain and "the Provinces" Twelve
more could not probably be found in the
entire County, who could not tell where
" Derby Line" is. Strange " eccentri-
city," certainly, but no more strange
than many other instances. Another case
was tried, and, what is a very common
occurrences verdict rendered for one
of the parties. The jury were out some
time, and 1" stood" at the first i" holding
out" eleven to one. The one at last
went over to the eleven obstinate
men," The other PANEL of jury set by,
and heard the same case tried, and for
their own amusement held out" for q
verdict. The result was ten for the de-
feated party to two against. Does not
this show the "glorious uncertainty
there is in jury trials. All there is to
this case is, had it so happened that the
pannels, by chance had been reversed,
the verdict, in this instance, would have
been reversed also. Such d" eccentrici-
ties" argue strongly that there is more
reliance to be placed in the doctrine Of
chances" than in well trained witnesses
and sound arguments.
There Is one other case that deserves
passing notice. AT the close Of the
Court on a certain day, the jury took
the case in charge, and then retired, anc
one OF the parties having become satisf
cd that he had {" no look for verdict
left money with his counsel to foot the
bill, and went home beat" The mex
morning the jury came in with q verde
in bis favor.
But, after all, we agree with the writer
in the Post, that An honest, intelligent
patient and just jury, assisted by an ablt
and honest Judge, Dho k'aOs0s has pIac
and sUiE keep it, will always be and re
main the safest, most reliable and trust,
tribunal for the fixing of exact justict
between man and man, and between tn
citizens and the State"
Now, that we are upon this subject
VIC WOQlQ dQU LLdL IL bOuGIllnSS nap pcu
that the jury, and even the Court ar
imposed upon as to the validity of test
nony, and sometimes attempted fraud;
IN this way, are detected. Our attention
has been called to an instance of recen
occurrence, in which the counsel (Saffor
of Richford, Vt.,) for party by til
name of Clement of the same place, al
tempted to procure deposition, to b
used in Court here under circumstances
which the following letter, written q
Richford, Wisconsin. will fully explain
We publishe names and all, for the pun
pose of showing the purity" of tn
channel through which people sometime
expect Justice to flow to them:
RICHFoRD, March 26.
AsAT. BARON, Esq, Queechy, vi
Iage.-Dear Sir My father receive
a letter from you, saying you had bee
notified 10 appear at his house, for th
purpose of taking my deposition, to
used in case of yourself rs. J. III. Oh
ment. Now, Clement or bis eouns'