The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-25
ltom the N. Y. Standard.

privilege, however, of which we hesitatingly
avail ourselves.
Here has the Foster case been dragging
itself along through wearisome week, just
because the superior intelligence of our citi-
zens units them for jurors. This is q high
compliment TO our citizens but satire upon
the administration of justice. We have
already ventured to suggest that the fact of
having read the newspapers was not sufh-
cient disqualification. There is one other
methed, perhaps, of avoiding the difficult
ties which beset our criminal lawyers, if
this one will not do and they still desire
iurymen that have not entertained either
''ideas, impressions, or opinions" upon the
subject. We can borrow remedy from
China. We have already borrowed a good
many things from the Celestial Empire.
Without her we should never have had our
two 'Hysons," printing, fire-crackers, and
''Heathen Chihee," and doubtless we may
now trespass upon her generosity for an
Example. In China the administration of
local or provincial government and law is an
itinerant one. No mandarin, from the
lowest to the highest, can remain but short
time in one position. He is kept moving
lest he become too well acquainted with the
affairs which he is expected to administer.
Likewise, no mandarin is allowed to govern
in his own native section. Indeed, the Chi
nese have carried this principle SO far that
they have borrowed an imperial dynasty from
Tartary.
Why not ingraft this principle upon our
system of trial by jury? When counsel are
pressed for lack of ignorance they might
send to another State for jury material. The
remoteness of the locality whence the jurors
are drawn might increaSe or diminish in pro-
portion to the more or less aggravated nature
of the crime. In moderate case we might
send into an adjoining county, or in an afro
cious one, like that of Foster, some distant
State might honor our draft. 1t should be
provided, however, that no counsel should
be compelled to accept juries from New Jer-
sey, or Colorado or, perhaps, California, on
account of the peculiar prejudice that exists
in those localities in respect to thieves and
murdereIs
In this way we might get jurors who had
not heard of the special case under considera-
ton, yet who had ordinary intelligence upon
general subjects. We could point to other
possible advantages-of a minor character
however-that might result from this amend
ment to our jury law. The lion of Puritan
ism and the lamb of toleration, by free in
terchange of jurors, might arrive at health
full and common conclusion upon the subject
of crime and its punishment. Chicago and
Boston, New York and San Francisco, might
affiliate in this way; and from crime to ''mar-
riage and divorce" and other grave and per-
picking social problems, the step would be
an easy one, With a community of senti-
ment thus brought about between the ex-
tremes of our country, we should soon have
state of things full of mllennial sugges-
tions.
Seriously, however, in our present jury
system, as applied to civil practice, there
are some defects that demand a remedy.
The fright of trial by jury, secured by the
Magma Chartai in England, and adopted in our
own Constitution, is undoubtedly q great
right. And it is very we'll that person to be
tried for crime should have every safeguard
thrown around his possible innocence. Our
jurisprudence assumes that man is innocent
till proven guilty. But in civil actions, where
the contest is between man and man, and not
between one man and the whole people, it
seems proper that the parties should
meet upon more equal footing than
at present. A plaintiff comes into court
under great disadvantages. No matter how
| great the merit of his case, or the degree of
his injury, he has to gain the positive judg-
ment in his behalf of twelve men. If his op-
ponent gets one dissenting voice, the plain
| tiffs case goes overheard If his cause were
tried before bench of judges, he would re-
quire only majority. But with jury of lay
men, taken from various stations of life, he
requires unanimous verdict to succeed. The
plaintiff has but one chance to eleven. He
|
odds against him. No mistake of jury can
be remedied on appeal. The erroneous deci-
sion of judge is subject to appeal and re-
versal A single Juror may be controlled by
false sophistry or evil motives, and there is
no redress.
The jury law was founded apparently upon
the theory that all men are sensible as we'll as
honest, and that they reason alike. But it is
a common remark among lawyers that an
average jury, in an ordinary case, is con-
trolled in its decision by one or two of its
members. An able sophist, by false reason
ing, may bring over whole jury to concur
renee Or, on the other hand, narrow
minded men may form an opinion, adhere to
it with unyielding tenacity, and defeat the
ends of justice. Generally majority adopt
certain view of the case, and one by one
the dissenters come over, till at last there is
an agreement and a verdict. 1t is often q
question of mere obstinacy and endurance.
There is one right left to the plaintiff Ia
boring against 30 many odds, which Is par
tial relief to the hardships of the law. Ii
one jury fail to agree, he can, after the usual
delay, go into court and try 1t again. 1t ne
believes that the first suit was lost by reason
of dishonesty in the jury, he may encourage
himself with the proverb that lightning
never strikes twice in the same spot"-tha
is, until he prove whether it applies to hi
case.
The remedy which we propose for al
this is to make specified majority-sa!
wo-thirds-suficient to render a verdict
Litigation will be full enough of uncertain
ties, even NTH this amendment, and, whil
lawyers will still have enough to do, tn
change will greatly benefit the peaple.
THE LATE BOILER EXPLOSION.
Mon, tbe baltimore A9african