Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1871-01-10
The Grand Jury System What Shall
be Instituted.

the present session provide some sub
stitute for the Grand Jury system
which the peoplc have voted to be o
nuisance. The tickle Athenians BAD
ished old Arstides from the republic
because they were tired of hearing
his name pronounced. They wanted
something new.
The Grand Jury has been banished
from our State on the same principle.
The objections against the system
were generally groundless or easy of
amendment by legislation. 1t was
news to the people Of Grant County
that the Grand Jury system was
star chamber institution, hearing the
evidence on the part Of the prosecu-
ton only. The Grand Jury in Grant
County were instructed in their dis
erection, to hear both sides, and even
receive the testimony Of tho accused
party if he was willing to testify.
We understand there is nothing in
the statute forbidding this. If secre-
cy was odious, the Legislature could
have required Grand Jurors to sit
with open doors.
But the Grand Jury was the scape
goat Of 1870, and nothing short Of its
destruction would satisfy tho major
ity Of the people. The citizens Of
Grant County had seen the benefits
of a Grand Jury they had never felt
its oppression nor even it's terrible ex-
pense about which SO much has been
said. A Grand Jury consists about
seventeen men, and its sessions
scarcely ever lasted q week. But tho
Petit Jury consists Of about thirty or
thirty-six men who are in attendance
at Court for fifteen or eighteen days,
at three or five times the expense Of
a Grand Jury. II the proposition
had been, to amend the Constitution
so that six men would constitute
Petit Jury in tho Circuit Court for
the trial, at least ofciviI cases of mi
nor importance, We are sure that the
people Of this county would have
voted en- masse for the change The
criminal and more important cases,
requiring l jury Of twelve men,
could then be tried first, and after
they have been disposed Of, all the
Petit Jurors but ten or twelve could
bo discharged, and six men could try
the smaller cases. When we have
seen in Court twelve men for two
days or more, sitting as a jury, hear
ing tho evidence Of two litigants,
each claiming to u calf worth eight
or twelve dollars, while some twenty
four Jurors are sitting about tho
court house entirely unemployed, we
confess we have become deeply NOR
tilted aud Disguised with our judicial
system, and we loudly call upon tax
payers to como forward and reform
il.
Let tho Legislature have the pow
or to determine by law the number
Of persons necessary to constitute
Petit Jury. We shall then strike 10
the root Of the enormous, burthen-
some and unnecessary expense of our
courts Of justice. We have no idoa-
try or reverence for the number
twelve, and six intelligent men will
understand the law and evidence bet
ter than the present jury, considering
tho manner in which they are cho-
son.
In reference to the Grand Jury,
the lawyers inform us if the Legisla-
ture takes no action the present Win
ter, that tribunal will still remain as
at present. Some propose that three
Justices shall peet and hear the pre-
Ilminary examin alton Of any persons
charged with crime, and whoever
they shall bind over for trial shall be
tried. This would vastly swell our
criminal docket and certainly the
District Attorney should attend all
such preliminary examinations. The
Justices would ha VIC no court to in
form them as to their duties or the
law. We would propose that twelve
Justices of the Peace, to be selected
by tho County Board, or that the
County Board appoin twelve OF
their own number, who should hold
. special session during the term of
the court, and that they should pre-.
cntsuch persons as they might find
were probably guilty Of crime and
that tho evidence taken before the
committing Justice should be evil
denco before them, with power to
summon witnesses in their discretion
that their proceedings should be open.
unless they should consider secrecy
necessary in u particular case.
As matter Of fact, Grand Juries
have ignored great many minor Of
fences, when they did not think the
public would suffer; but the District
Attorney cannot make such discrim-
ination. In our view, no one man.
nor three Justices at q distance from
judicial supervision, should have the
power to set the judicial machinery
of the criminal law in motion. fla