The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-01-06
1urlSs---R Business fn Vacation.


To Charles Hc'maon, Esq, Virginia Sen.
ate: VIII you allow an old friend, who
holds you in very high esteem. to address
you (being chairman of the Senate Commit
tee on Courts of Jusiiee) n few thoughts
which, from more than quarter Of a CEN
tury's experience. have been impressed on
my mind in relation to grand and petit
juries.
| We arc all grooming (so-calcd) over taxes.
Among the items of State expenses Is the
very large one Of costs Of administering JUS
ticc. And there is very good ground for the
complaint. The statute requires four grand
juricS OF i,rcnty.four to lie summoned for four
courts in the year. The same act (acts 1920,
page 550,) authorizes special juries of ten to
be summoned. These last ordinarily have
charge of indictments for the gravest
offences, involving the life and liberty Of the
citizen. Each grand juror costs lis per
diem Of one dollar.
Now, first, why have the grand juries to
assemble SO often? And, secondly, why
should they consist Of twenty-four when
twelve could accomplish, really and practi-
caly, all that the twcnty-four CAM and you
will find ordinarily thai twcnty.four patriots
desire to serve their country for one dollar
per dayr What reason is thcrc-I mean of
practical value-for letting ten pass on an in
aictment for murder or presentment for
gaming, and requiring twcnty.four men to be
called for similar work, at great incouve-
nience, from their business, tell you, my
dear sir, to drag Jurors to attend some Of our
slow-conch courts is one of the heaviest
items OF taxation we have to bear.
Now, as to petit jurors. The act requires
twenty-eight {! y men to be called from their
daily and important work in the maintenance
of their families to serve on juries ut every
term ut which jury may be wanted. (Acts
1S70-T1, page 51.) They idly sit about the
courthouse day after day, and If they serue
they get one dollar per diem, and often lose
! three dollars.
| And you require t,celue men to concur in
q verdict. Now, my dear Herndon, honor
bright, don't you, il your practice, often be-
! lcvc that al this ls most transparent hum
! bug? Why should it take twelve men, ut a
cost Of one dollar each, to decide question of
| fact? Couldn't seven do SO as well, or bet
! ter! Uav'nt you often seen justice actually
| defeated By allowing one crotchetty man
! zone Of the curb-stone lawyers, who know
more law than Judges Moncure or ,Ioynes)
to hang eleven? And tell me, do you really
think that referring question totWelye men
will be moro apt to get at the real truth of the
case than by taking five or seven? just CAL
culate how many dollars would annually be
saved to Virginia by jur:es of seven instead
of twelve. asked Il lawyer Of some reputa-
ton at the bar why the number of 4 jury was
| twelve. He very gravcly told me that there
were twelve apostles and twelve months in
! the vear, aud he insisted OH twelve jurymen.
Poverty and troubles of q cruel war and a
disastrous peace have made Us very practi-
cal people. There are, thank God, nouC not
many IN 1lubibus gentlemen in Virginia; the
age Of distractions is fast passing away. We
have come to the hard pan OF common sense.
Let lis save the State expense by requiring
grand jurieS Of twelve or littccn; and petit
jurieS Of five or seven.
| Lei Inc make another suggestion. You
! have often, no doubt, seen jurors hanging
around a courthouse, anxious to get back to
their ploughs or their other business, wait
ing for motions or law questions addressed
to the court to be disposed OF. They often
ray their own tavern bills, and are not called
TO serve as jurors, and get no per diem.
OF course many Of these delays arc I'M
avoidablc. But if you would enlarge the
authority and power to the county judges TO
transact rGcati0n business, great deal of bu-
siucss of mere form could be disposed of, and
when the court meets the judge could go
right on with his docket without delay to
parties and jurors. A man is allowed by law
to decd away his whole property, acknowl-
cdgng it before the clerk or justice. Why
| not allow a or'll to be admitted to record in
, vacation? or why the red-tape circumlocu.
ton which now require sixty or ninety days
to open road Oh build bridge? Let the
/ county courts be practically always open, and
! allow the judges to hear motions, grant let
tiers Of administration, and do MANY things
, now done in open court.
, Pardon my freedom in the use of your re.
, Spectcd name. / am sick, usque ad nnuSear
, Of red tape, and of sacrificing substance to
form, and Of old fogyism in our courts OF
, justice. l do wish you would persuade tho
Legislature to commit our eviscerated Code
to three wise and able reyisors, to brin. in
: next winter Code in which the leading Idle;
: shall be on every page the promotion Of pure
f and simple justice, and tho VERY RIGHT O
: every case. WYTHE.