Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-06
THE RUTLAND HERALD
THURSDAY, FEBRUARY 6, 1878.
Trial by Jury.


the ballot box and the intelligence and
incorruptibllity of our Jurors. All the
dangers to our liberty and all the assaults
ON our safety are directly traceable to
corruption in conducting our elections
and to ignorance and vice in the jury
box. How to secure the one and reform
the others are problems which have and
will continue to engage the attention of
the citizen and legislator. The remedy
for the one, we surely hold in our own
hands. Fair and free elections can be
secured by the enactment and execution
of wise laws, and by the power that
each legislative body has to judge of the
validity of the election of their own
members. But how to reform the jury
box is altogether another question, but
is not this, too, within our own grasp?
Every man, under our constitution and
frame of government, is entitled to a
trial by Jury. He is entitled, also, to
fair and impartial trial. Not only is this
his right, but it is, also the right and for
the protection of the government and the
community. Herein lies the difficulty
of tinkering with jury laws. The safety
Of an accused man, as we'll as the pro-
lection of the people, both collectively
and individually, requires that jury
shall he selected who shall try the case
fully, fairly, intelligently, and without
fear, favor, or hope of reward. The at
tainment Of this result is, perhaps, easy
enough IN the country and smaller cities,
but what has been the result in larger
centres of population. To every fair,
honest and just acquittal or conviction,
there are scores of disagreements or ac-
ouittals on account of the ignorant or
corrupt material with which the jury is
made up or largely impregnated, or a
conviction is procured in spite of law and
evidence in accordance with what is
supposed to be the popular demand.
Take three recent illustrative cases in
New York jurisprudence. The dis
agreement of the Tweed jury needs no
further comment, and is only referred to
as a case i'll point. The law and evidence
were plain, but the jury were not and
would not be governed thereby. The
brutal, unproyoked, unconcealed and ae-
knowledged murder of Duryea by Sim
mons is remembered by all. With what
fendishness he gloated over his horrid
deed, and by his acts and words acknow-
lodged his intention to strike to the
death. Yet, on Tuesday, coroner's
jury was found in the city of New York,
who, on their oaths, declare that Dur
yea "came to his death from stab wounds
received in quarrel, " that they believe
:" it was not premeditated, and that the
prisoner, from previous threats made by
deceased toward him, may have con-
sidered his life threatened. lake the
third case. A man named Quinn stabbed
one Stanford in a scuffle. Stanford was
taken to hospital and discharged at the
end of a month. On his way home, the
conductor of street car pushed him so
violently TO the ground that he died the
same day, from the bursting of an alb
sess which had formed about the old
wound. There happened to be some
thing of excitement in New York and
Brooklyn, at this time, in reference to
crime, and so Quinn was made an tx
ample of. A model jury found him
guilty of manslaughter, while the car
conductor was acquitted. Is comment
on either or all of these cases required ?
Well may we inquire what is the aver
age New York juryman's calibre. As
long as this state of facts exists, is there
any hope for the suppression of crime?
Another question presents itself. Have
we the more to fear from acquittals
through corruption or sympathy with
the criminal and the crime, or from the
conviction of the innocent by the force
of public opinion The danger seems to
be, at present, that when we escape the
dangers of the one it is only to be
wrecked on the shoals of the other. The
only possible remedy is to compel the
attendance of our most Intelligent and
fearless citizens in the jury box. This,
perhaps, can only be accomplished by
thorough reform in the mode and man
ner of selecting jurors, and by the exer-
else of the most determined courage on
the part of the judiciary. There is
enough "shirking of jury duty in YER
mont. Excuses are readily framed and
too readily received and accepted. Here
In, In our judgment, lies the whole
trouble and the perfect remedy. Mer-
chants and business men generally, here |
as well as in New York, complain of the
inefiiciency of the courts, of the in
adequacy of the laws, and of the want
of justice and equity in verdicts. Our
courts are, as q general rule, as pure and |
able as the world can show, and our
laws, with, perhaps, here and there an
exception, are adequate for the protec-
ton Of the community, the safety of the
guilty. Let the intelligent citizen but
do his part in the administration of JUS
tice, let him deem short absence from |
his place Of business, and slight per-
sonal Inconvenience, but sacrifice re-
quired for the public good and all will |
be well. Let tinkering with jury laws
alone, but see that jury lists are prepared
carefully and intelligently, the jurors
honestly and impartially drawn, and the
Jury box not Stunned by citizens of in
tegrity, intelligence and back bone, and
the innocent will not suffer nor the
guilty escape.
SENATORIAL RESERVATIONS. 'Perley,"
the well informed Washington cores
pendent of the Boston journal, gives
the following rpsuu,n ,,f ,,;.,, +, -, - e |