The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-02-28
s. G.
Friday Aofnias. February ", 1878.
Trial by jury.

Fr1oay MORNING. February ~. 1878.
Trial by jury.
Much has been said recently against
the mode of trial by jury. The most BE-
rions impeachment Of the system that
we have seen is q resolution lately passed
by Tammany Hail. The city of New
York has long suffered from murder
mania, appearing in protean forms,
joften impossible to detect. Mystery
'characterizes many Of the murders of
that city, as ingenious monssrosity marks
large number Of those OF New England.
Even when they get criminals on trial of
the most violent and reckless such
ss MoBarland, Stokes or Simnons-
whose guilt is heinous and indisputable,
as their crimes were open and shameless,
there is'much difficulty in getting YER
dict of guilty. The ingenuity or brow
beating OF lawyers, -faise swearing of
witnesses, ignorant weakness or unmis-
taxable corruption of jurors, make in
some cases, or combine to make in others,
convictions rare and difficult. SO great
and growing has the evil become, that
popular feeling has been aroused to the
necessity Of making examples. Serious
alarm has been expressed as to the inse.
ourity of life, and the press has teemed
with appeals and demands for asterner
justice. While some nall for the interpo-
sition Of Judge Lynch. Tammany. more
discreet, raises an issue before the whole
country in the resolution following:
.'Resolued, In view of the great in
crease OF crime in our midst, and the
difficulty OF procuring speedy trials and
the prompt conviction and punishment
OF criminals, a reform in the jury system
is imparatively demanded by the public
welfare, and that the attention of the
Legislature and the Constitutional Con-
vention, now in session, is earnestly
called to the subject. exceeded by none in
its Importance, and demanding such con-
sideration and action as will insure the
exclusion of ignorant, incompetent and
corrupt men from the tribunal which de-
cides upon the rights and liberties Of the
citizen, the punishment OF crime, and
the practical preservation of social or
der.''
The first obstacle in the way Of Tam
many. and which it recognizes, is that
trial by jury in New York is not mere
enactment Of the Legislature. but con-
stitutional provision. So it is In this
State, and 30 in them all, with unim-
portant differences. No change can be
made in the iurylaw OF States except by
constitutional amendment. Not only so,
but trial by jury was embodied in and
made part and parcel of the Constitution
of the United States In Article III of
the Constitution, it is provided that
1.-The trial OF all crimes, except in the
Cases of impeachment. shall be by jury. -
In Article vi Of the amendments to the
Consultation, we read. "In ell criminal
prosecutions, the aconsed shall enjoy the
right to speedy and public trial by an
impartial Jury" And the same mode OF
trial is prescribed in an amended article,
and incorporated into the Constitution.
in suits at common law, where the value
in controversy exceeds twenty dollars.
Justice Story regards this as most i'm
portAnt and valuable amendment, which
'splaces upon the high ground of -consti.
tntional right the inestimable privilege
of trial by jury in civil cases." It is
we'll that the discussion of so grave a
question will necessarily be conducted
with deliberation, and that no conclu-
sion shall be reached except after the
widest comparison of facts aud expert
ence. all subjected to the closest analysis
and reduced in the crucible of logic
and philosophy both stern and practical.
It is curious to notice how the charao-
ter of the jury has changed with the
lapse OF time. It's functions remain
nearly the same as in the first days of its
existence, but its process is essentially
different. As the offspring and successor
of the early assize, it was the sworn testi-
mony OF certain number Of persons
summoned to give evidence upon matters
within their knowledge. The verdict
was founded on the rersonel knowIadoa