The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-03-14
Trial by JRfES$ICHa an Exploded
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From nc Philadelphia Record = 49, :. =
The results or yety Iiany cases IN thii
and other American citea land even II
those Of Europe have 70 palpably demon
strated the Ineflcincy and abuses Of The
present system Of trial by jury that II has
become q subject OF grave doubt with
many reflective people whether thewholC
Jury system had not better be abolished
and o method Of trial substituted more II
accordance with the standard Of enlight,
eminent and condition Of moral and ma.
terial progress Of the age.
When the trial by Jury was instituted
and Tor very many years-seveIal centu'
rles, In iact-aitefRard, the mode Of EN-;
panelllng Jurors offered at least o irrational
chance that those who were selected
would have the intelligence, impartiality
and honesty requisite TO understand and
decide upon the matter before them in 40.
cordance with common sense and common
Justice; and 30 long as this was the case
so long as o man was really tried by
twelve Of his apeers,p all good men and
true-the trial BY Jury deserved It's title
Of q bulwark Of liberty. 8NH2elCl
But these conditions have long ceased
TO exist, owing, In q great measure, to the
fact that while science, art, education and
general enlightenment have steadily and
rapidly advanced and spread among the
people, and the relations Of society have
thereby become vastly modified, no cor.
responding change or progress has been
made in the jury system, but rather, on
the contrary, q retrogade action, 80 that,
at this day OF the nineteenth century, the
chances Of obtaining 0 thoroughly honest
and intelligent verdict from 0 jury EN-.
pannclled under the present system are
far less than they were three hundred
years ago. aI.a d. -.,-.-l.i55a.at.
What, for example, Is more irrational
and absurd than the rejection as incompe-
tent of jurors who have, by previously
reading, hearing Or speaking about q case
formed an opinion thereonG What Is
this, In tact, but pronouncing directly
against education and intelligence and In
favor Of ignorance and incompetency as
jury qualifications ? For, in these days
and in this country Of popular education
and cheap journalism, there are few men
of average intelligence especially in the
cities-Who do not read, hear sor talk
about the exciting topics Of the hour. The
only persons who are likely 10 be without
information and without opinion upon any
notable event which is made the subject
Of a trial by jury are those whose igno.
renee has prevented them from reading OF
and their mental incapacity from compre-
hending or becoming interested in such
occurrences, and who must, therefore, be
wholly unfit to- sit in Judgment upon their
fellow men. ~. ~ - All p
The very fact that q man has some
knowledge and has formed an opinion Of
the case he Is called to decide as Juror
should make him especially eligible, since
1t proves that he is sufficiently intelligent
10 understand and weigh evidence and to
form an opinion upon what he knows or
has read or heard, and that, therefore, it
is reasonable to suppose he will, or will
not, find cause to change his first opinion
fairly, in accordance with the direction
and weight Of the additional testimony
he will have in the jury.box. In fine,
this rule of shutting out from juries men
who have read the newspapers and form.
ed an opinion upon the case in point has
completely demoraliZed the system, and,
combined with the undiscriminating and
stepid method Of selecting Jurors at large,
has made the trial 'by Jury too often o
mere parody Of Justice. After all, the
only juries worthy of tho name, and of
the responsibility pertaining to their duty
in this age OF progress, are jurles Of ex-
perts, and these, Of course, can only be
called in certain classes of cases, but at
least in every case OF any moment, and
especially when the life Of the accused
was in jeopardy, q jury could and should
be selected with particular reference to
their intellectual and educational compe-
tencY 10 render an intelligent and impair
tal verdict. rs.s,--r
We are glad to observe, in this connec-
ton, that bill has just passed the New
York assembly giving to men who have
formed an opinion the right to act as
jurors, on the sensible supposition that
they will be governed solely by the evil
dence, and the still more logical ground
that men who assert that they have form.
ed no opinion upon topics Of universal
talk are either falsiflers or Intellectually
untitled to sit upon q case. This is a
practical step ahead, and will, if it be-.
comes law, do much to reform the
moral and intellectual standard Of juries
in our sister State, which, judging from
recent specimens of jury wisdom and
fairness, is decidedly open to improve
mert. 81 Ul.tsaaly Ele.y
But even if the modesof selecting ju-