New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-01-25
Tripi BY Jury.
To the Editor Of The n. y. 7ribpns

To the }dffT o. Ih W !. Itothe
SIR: The abortye finale Of the Strong Di-
vorce Case which after trial extending over period
Of five weeks unexampled in Its revelations Of crime
and miseries in high life resulting In nothing but
shame anil modification tc the gants and disgust Of
all good c..s.ns: awaken. a,;5 ;natVfe az inqGy
into the reason and wisdom Of trial by jury Of twelve
men, TIE published statement Of ten Of the unfortunate
urymen who served this tiresone case. Informs TIE
public that those ten were Of mind as to the law
and merits. but that two others were infexioy set
against them issue vital to the Judgment; and Tor
that disagreement all of their labors saying nothing oil
tho waste Of time Of the Cosrt and counsel and costs OF
the iganis came TO nought As in ordinary cases. the
Clerk enters upon bis minutes the simple remark
.,Jury disagreed and discharged"
To come 70 the Point OF ghy Is law and Justice
determined and Satisfied by the unanimous verdict OF
twelve men rather than that of tent On the common
sense and Of the matter how can certain hxed
number Of arrive at fact better and moro cefisn
than another number The inquiry properly rem n u Us
Saxon ancestors, from whom we have inherited inany
traditions and ideas OF laws well as OF society anu re-
ligou. constantly changing and improving. 70 LIZ upon
this formula ind ceremony ssrequslte TO the determine
lion Of issues flaw and Of fact.
The origin Of the custom Of trial by jury Is unknown
and Of sIsa. s1 ., .nSf '%G.h
All researches of khiiquarians have failed to
| fix the period or authors Of its introduction.
and this most important custom, In Its history and
principle, must remain Obscure aud ineIpheab!e
70 many, otherS long since abandoned and
exploded because tey had nothing better than tradi
ton aud antiquity TO support them 1t Is not ~ be be-
| heyed that u legislative body could have delib
e,a,ely enacted q law requiring the unAnimity Of
twelve in trial Of facts; proposition So repog
napt 20 all experience OF human conductpi au
custom was founded reasons no better than those
hich excluded gauts and persons interested IN tne
cause issue from tie witness stand Fortunately we
have changed ali that in this and several other States
md now those who best informed 70 the facts IN
A Gaze parties interested can give Their testimony
and Justice may not, before fail for the want u
nrooi which, but for foolish reverence for old Gus
TIM. could have been supplied. Although obscure and
able 10 its origin. We know that unsnly IN
ury was not essential its earlier practice. for IN
tie time Of Edward the First there were two modes Of
by the sheriff keeping them rNs eibo ct potH until
tey should sgree and toe Other BY ADDING new jurors
mi tWe,ye were found OF the same mId. In an Old
treatise read that the sacred number Of twelve was
taken from the twelve Apostles aud tie twelve trbea
and Lord Coke dily remarks. from the twelve months
1 in the year and the twelve Caesars
III there 4 great virtue IN unsnimty why not re-
nure II OF We Judges who hear and determine in Courts
~ Appeal aud Review The General Terms OF our sew
ar al Courts to whom on the law and fact either party
dissatisfied with the decision in lover Courts takes hi
cause for review are composed OF three SIX or eight
Judges; fDd majority vote determines Their Juog'
msuis and that too. not Immediately after bearing ar
snmepts but at their eony enence The eaaIons watch
tuness Of Sheriff Is Lot called Into use in their case
although think 1t would not be easy to assign reasons
Wv n would not often be as wse and proper ss with
the poor Jury men, who agree unanmous OF sahei
! imtrsonineIt without communication with the woIla
On auy maters however important or sacred But me
wort view Of the matter h. there 10 no assurance tha
What Il called unanimous opinion Of twelve men Ia
In tru;h such for tue weak In Constitution though IN
the msority and right will often yield to the stIorg
and otinnte. An ignorant man o fncorrisbie preJe'
dices aud coDoeits will successfully DEFY al the fea-
ans ana evidence which bis eleven associates con pre-
ont ~ biu AMI on the other hand. minority superior
10 eiucation and understanding may. through weari.
nss, and intimidation be eoeroed into unwilling assent
m n e,roneous finding The severity Of the practice
Of ieepug the jury locked up wthont food or drink has
ia,terly N extraordinary cases, been departed rom
I'D tberc Is even sh ancient instance on record Of
iaug jzry u begging from an English judge glass
AZ ystss 10 whom His Worship ieplied wen, a.
~ IA not meat that you ask for and am quite sure 1t IL
| not drink you may have TIE water !"
Again " animiiy IL not required OF Grand Jury.
nlieh body bving composed Of not more than twenty
taree nor less than sixteen can ndict or dschsrEe
an the vote If twelve. wherein that tie rnle
taat a msbrIly shsll determine 10 retained a. In
the Courts VI ksriss. II u not necessary N men