The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-14
OUR JURY SYSTEM AND IT'S ABUSES.
TO THE sDIroR OF THE HERALD.

New YORK, July L. 1881.
Trial BY jury in civil longer exists rgAa
in the State OF New York. II has been abolished ~
judicial praotcs Il remains only favor privilege.
an act Of grace which the judge allows whhoids e.
tircy according to his arbitrary will Al the pleasure
OF the judge compulsory reference decrsed In every
kind Of case and all that holds OF property in tAia
state is liable s any time 10 DO deprived Of BY ~
decision right or wrong of q single referee.
The Code provides that references may be compuls
sory ordered where the TIA Of an issue Of fAcs :ns
side The construction which the courts nov put upoA
this provision the unlimited authority which thcy pre-.
tend to derive from IT, and the msschievous practice
whloh has grown up under Il. bring forcbly TO min4
the remark OF Sir william Jones': "Nothing is moss
dangerous than the discretion OF Judge" Accounh
CONTAINING but single item the simplest that GA
BE- framed damages IN cases Of alleged respasA are rs
nrn,sas ~ psroa Who demand trail Jury So hss
in fact 10 say that the right Of trial ~
jury exists any longer. P,actiealy tass: y no ssoa
htigant certain by any means IN any case whether
any will be permitted 70 enjoy this former rishs
sometimes on the Circumstances whether he or his OPP
poneut the greater share Of political influence
political Influence in favor OF the presiding judge. Bss
are made ths, party Will be allowed trial by Jury OF
S,s favor 20 or De down upos him. the same a. shs1
are made upon horse race.
And what IL 1t which has thus bsen abolished by the
Judges gradually and almost mperceptby TO the pee
plef II right ~itnout which property ceases to OF.
ist man cannot be said 70 hold property when he
merely possesses goods Of which he may DO deprvsd
forever any time By the award OF an unjust and IN
founded claim against him. WHICH some personal or po-
itical opponent on the bench has referred 70 some
equally prejudiced referee
Trial By jury u pronounced BY Blackstone 70 be the
SO q tho British 81 ,s ras. Of 81 ne >, % sSs
persy which centuries Of contest fairly succeeded II
establishing. The deprivation of this right was one %
the OF the American revelation sot ortn IN
the Declaration Of Independence Toe Constitution OF me
United States provides that "in suits ~ common h.
where the value an controversy shall sxcoed twenty
dollars the right Of trial By jury shall b prsssrved"
while the attention Of the country has been ccncsn-
trsted the rebel States and egssiion % enaxSs
poriy to the negro our Own judges have bean silently
numbering onr own liberties .....x,.
ter II they viii take up shIs subject W VIII call the
attention Of the people 70 s importance ana tne Con-
vento towards which general feeling o. ,esr nee
universal interest Of me people Of The State.
,h.rs ~ 49, 30 been great complain, ana
rrsat the public from tho presens jury
system. bat no adequate remedy has been sagsosssd
many years propose. a. the resell Of my experiences
'' Ike ne si.sy. let jury duty Be made of
'ns y ss ,ury roll be made up from the tar list OF the
When jury Is required in any court begin With the
ss letter and 60 straight on till the whole list 10 az
bnrsscd, and then begin again.
bus physical Inability and hremen.
Let The person drawn be compelled TO provide
substitute, who also must BE- taxpayer be subjscs
10 Imprisonment In the county jail for thirty days
II one taxpayer substitute fos another tbst
shall not exempt bin from service when his name shall
Let each jurors term exceed two weeks, and iss
the compensation b four dollars for each day attend
Let come 10 be understood that man no moro
escape jury duty than he can escape military duy
time ot invasion, and there will be NO further ack OF
jurors, and those Of the right stamp.
Ths may be termed sharp prscAce, but no grsses