The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-10
Our Jury System.

from me Iff6u'le.
Trial by jury is one of the peculiar institu-
tions of which the Anglo-Saxon race is Justly
proud and tenacious. Badly as it works in
many cases, no one can doubt that its entire
abolition would throw dangerous amount of
power into the hands of judges, corrupting the
best Of them, as uncontrolled power always
does corrupt. Like all other institutions by
which free people seek to preserve their liber-
ties, it is cumbrous and troublesome compared
with the peremptory methods of despotic Gov
ernments; and its burdens are sometimes felt
so strongly by the community as to make it
in certain sense unpopular.
Every business man knows how unwelcome
to him is the dirty scrap of paper in which the
Sheriff invites him to attend the next Circuit
Court. 1t destroys his peace of mind for
week before the Court opens. If he has a
lawyer in his employment, or among his
friends he insists that the latter shall get his
name off the jury-list. He becomes so nervous
that he is sure he must be ill, and considers
himself injured if his doctor will not give him
a certificate showing him to be on the high
road to the grave. If, however, all devices
fail to excuse his presence at the opening Of
the Court, and he does not choose to risk the
fine, he sits impatiently with his COM
panions in afliction until the Judge calls for
the exact counterpart of Nasby's caucus at
! the Cleveland Convention, where, it may be
remembered, upon the Chairman calling for
resolutions" every delegate arose, and put
ting his hand into his breast pocket, said he
! had 'dotted down few ices which he would
submit to the caucus" Just so, when the
Judge inquiries whether any juror has an
excuse to offer, every man in the room seems
to rise and make his way to the bench, with
an extreme anxiety to escape from his unwel-
come duty visible upon his countenance. The
unanimity with which excuses are offered, of
course makes the judge reluctant to accept
any; and thus it not seldom happens that
Jurors feel themselves to be unfairly treated
their excuses, which they know to be truthful
and Just being rejected simply because the
judge has become disgusted with the shutting
and prevarication of those who preceded them
on the line.
The unwillingness of respectable men to
serve on juries leads many of them to abstain
from voting, because they hear it said that the
jury panels are made up from the poll-lists,
and in some cases they refuse their names to
the City Directory for the same reason. Some
take refuge in the uniformed militia or, in
the days of volunteer fire departments, pre-
ferred to lSse their rest of nights and their
peace by day at the naturalization of the bell,
rather than serve their country in the tranquil
jury-box.
The result is, and has been for an indefinite
period in the past, that business in the Courts
is often materially delayed by the lack ol
jurors. AT the commencement of the present
term of Court no business could be done on
: the frst day for want Of the sacred twelve.
This total stoppage of business is not an infre-
quent occurrence; while a delay of one or two
hours on the same account is such a common
occurrence that the reporters never deem il
, worthy of mention The inconvenience caused
I by this constant interruption of business is
, very great, especially to suitors, and has q
, large share in producing those delays of the
law of which laymen so much complain.
The evils of the present system are obvious
enough; but the remedies are not quite so
clear. Very simple expedients will suffice tC
get iurymen in abundance, such as they are
three dollars a day, or perhaps even two
would suffice TO insure a perennial supply
: But quality as well as quantity must be con
5 sidered; and the class of men who would b'
= tempted by the pay alone, at any conceivable
Q rate, would be undesirable jurors. SOM
I means should be found of making the service
# tolerable to men engaged in regular pursuits
Q and whom no pecuniaTy compensation would
Il tempt to become professional jurymen'
+ Proper compensation is certainly one I'm