New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-23
DETECTS OF THE JURY SYSTEM.

II is an old maxim that the acquittal of the
guilty is the condemnation of the judge. 1t
is equally certain that the delay of justice is
the condemnation of the law. Especially In
criminal cases, promptness is in the very es-
sence of Justice. IL the accused person is IN
nocent he has the right to his liberty If he IL
guilty society has the right to his punishment
In the case of Edward 5. Stokes, now on
trial for the third time for the murder Of
James Fisk, jr., one of these rights Is GER
tainly infringed upon every hour that the
case remains undecided. 1t does not come
within our province to specify which one. We
should regret by any remark to prejudice the
case of Stokes or that OF the State. we
merely insist that the fact that this trial has
lasted for nearly two years, shows that there
are grave errors i'll our system OF criminal
law.
There is no prospect yet of speedy close
to this process. The first scene-the selection
of the jury-was played through with Its
usual endless succession of m0nOtonous incl
dents. Several hundred men are summoned
away from their business to stand an exami-
nation in regard to their state of mind upon
this especial case. There is scarcely one
among them who does not wish if possible to
escape the duty that threatens him. A trial
so tedious in duration as this one promises to
be. consumes an amount of time which is very
considerable to any man in active business.
Every possible effort is therefore made to
create the impression on the minds OF the
counsel and Court that the possible juror is an
improper person to sit in judgment in the
case. Many read On account OF the former
trials and purposely disqualify themselves by
loud and vindictve expressions OF opinion.
Others say, it is to be feared without suf-
cient depth of conviction, that they are
opposed to capital punishment. One gentle
man, who alleged such scruples, bore
the name of Stringham, and the Judge
unfeelngly called attention to the incon-
pruity of his executive name with his
humanitarian professions. The jurors who are
finally caught are those who have not been
de1terous enough to escape through the meshes
of the interrogatory, or those who have
nothing better to do, and enjoy the dramatic
interest of the trial, OF, last and worst, those
who want the plttance paid for the service.
| At every important tral there are some score
of gentlemen who are called and do moi
answer, and who are then requested to show
cause why they shall not pay heavy fine FOL
not appearing. Under some administrations
this was plentiful fountain Of blackmail. In
view Of all these facts, the wonder is that ouI
juries arc so respectable and so intelligent a.
| they often are.
But the thought always recurs, at the END
of every weeks struggle, like that we have
Just seen, to obtain q jury which is to decide
| question of momentous Importance both for
the accused and for the community, els IL
." reasonable to expect absolute unanimity
" among these twelve menr We are glad to
believe it is rarely to be suspected that
a Juror is bribed. But every one must admit
that such thing is possible. In the case OF
n man of wealth on trial for his life, it must
sometimes happen that such agencies are sought
and found. There is no question that men OF
strong prejudices often dnd themselves in