The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1859-03-17
TRIAL BY JURY.

Two h"hdrcu years Uelore the Magma
Charta, and perhaps much earlier, the trial
by jury was esteemed a privilege of the
highest and most beneficial nature, and
since that time it has always been insisted
upon, in England and this country, as the
bulwark of liberty but there is no deny
ing that, on this side Of the Atlantic, it has
la,terly fallen into much disrepute.
Every one admitted that trial by ones
peers, (sanctilied ms it was by antiquity, and
its glorious efforts against tyranical persecu-
t'on,) Was most cquitablc-a least in theory:
much better than the old trial by battle or
the arbitrary decision Of single man, he
he Calipa or Emperor. Quod piocuu prin
c'pi was altogether inconsistent with Anglo.
Saxon notions of liberty.
But the theory and the practice were diff
fercnt. In the working of our jury sys.
tenn, idIers, rn,loafcrs, ignorant or un.
scrupuous men are frequently selected; and
wncrc there was an alton Of responsibility
in the juror, it was more thar over.bal-
anced by tho fact that he was superan.
nuatcd, or deaf, or otherwise DISQUALIFIED.
Through favoritism or solicitation, incom-
pctcnt men were drawn, and the trial,
whether i'll Il civil or criminal court was a
mere farce. In the former, tile most sense.
less verlicts were sometimes rendered, and
in the latter corruption secured an i'm
munityv for the most desperate and hardened
offenders.
1t Is not necessary to refer to instances
IN which juries were packed to accomplish
acertain end. Some of them arc too recent
to he forgotten. Grand Juries were dctilcd
by the introduction of infamous men and
the court house filled with braves and con-
vlcts anxious to be called as jurors when
the panels were exhausted and a Mles pray-
cd, i'll any case where o:e Of their boon
companions might be defendant, no matter
what his guilt. Tho law was set at nourht
and justice deridcd. No supervision Of the
Judges and law officer could prevent these
outragcs.
This state of affairs demanded reform.
and we have it in most satisfactory shape.
The old system has been abolished, and
now it is nearly impossible to have an in.
competent jury. 1t was provided by law.
by our last Legislature, tina, the judges and
some municipal officers should meet and
make out list OF men comprising our best
citizens, who should be liable to jury duty.
lf's has been done, and now jurors are
Drawn IN open court from this select list
In making out this list prccaution has been
taken to select men from all the walks and
avocations Of life, only taking care to ex
clude the Objectionable and worthless.
We need hardly say that already most
gratifying change has been expcricnccd.-
The society Of the court room has been
improved. Moving about, may now he
seen unusual faces. The thriving mecl,an-
ic, the active merchant, the retired citizen
in fact, better class of men altogether.
The business of the court progresses more
rapidly, and the verdicts give general salts
faction. All that is required to make this
new order Of things permanent blessing
is a determination to perform this jury duty,
and no attempts to avoid it by applications
to JUICES to be relieved -PAiludeithia
Press.