New-York tribune., 1873-03-12
LESS THAN TWELVE MEN.
THE BAR ASSOCIATION on THE MORAL
THE SCANNELL TRIAL.

THE BAR ASSOCIATION on THE MORAL OF
THE SCANNELL TRIAL.
A meeting of the Bar Association was held,
last evening at No West Twentyseventhst The at
tendance was small. On motion OF VIM. Allen Butler
Henry D. Nichols took the chair Reports Of the Execu-
live Committee and the Treasurer were read and
adopted
Al previous meeting the Committee Oh EXtOrton had
reported and committee had been appointed TO receive
and report Grand Jury all OF exoron prac-
tioed by officials connected with the city government
Offices MI Rocker of this Committee reported that he
had consulted with the DstreAttorney on the subject
ard the latter had promised that complaints Of that
nature should take precedence over all others except
those of special importance. He wished TO be
instructed as TO whether newspaper extorhons
should be included those 10 be con-
sidered by the Committee. He said that for certain
noees ordered by Courts be advertised in certain
newspapers 600 per cent more was charged than the
legal rates thought Court should be required 70
order insertion Of notices those newspapers only
that would take them at reasonable rate The report
was approved and the Committee authorized 70 add
"a its numbers Mr.. Lee moved that committee OF
i've disappointed 10 prepare ana present 10 the Legsla
ture bill 20 provide for reforms in real estate lawTe
duetion Of liens real estate. This was carried.
stephen T. Nash referred briefly 70 the Scanne case
aud to the deficiency the jury system which 1t made
manifest said that the defense Of insanity is
which the ordinary jury incompetent TO decide. 1t
ought raised by preliminary special plea and be
tired before special jury. AS constitutional ques
tons might be involved, he proposed that
an amendment 10 Article l., Section Of the
State Constitution be sent 10 the Constitutional Comms
sion now IN session in Albany 10 the effect that pro-
may by law for trial Of sanity sound
of mind by jury Of five tkiled persons and that
civil and in not punishable by DEATH the
vote OF nine jurors shall be sufficient for verdict. He
said that England very radical changes proposed
IN the jury system Sir John COerdge favorng uries OF
seven.
Orlando Stewart opposed that part of resolution
relating civil suits and urged the importance of
inons verdcts nres for the protection OF the life
liberty Of the citizen. His illusions TO the intelligent
and impartial uryman excited the SMILES Of the
ctatiOn.
Judge Peabody was opposed TO the retention in the
Constitution Of the provision that trial by jury shall
he inyiolate forever" He didn't believe in jury in
CIVIL cases, and thought that something less than
unanimous verdict should sufficient Justice is
often thwarted by two obstinate jurymen than il
rould be by change in this rule He preferred small
turies five he thought good numbers he would rather
have Jury OF three than of nine.
Mr. Olmstead opposed 10 a commission 10 try cases
OF alleged insanity They involved life and liberty, and
should be tried by jury In civil cases be was opposed
70 the jury trial altogether
Efforts we're made lay the resolution the table,
and 10 postpone indefinitely is considerations but with
some slight amendments it was finally adopted Mr
stewart proposed bill providing that nine jurors shall
aoquit a prisoner; aud that when jury accompany a
verdict of guilty Of crime Of high degree. with re-
eommendaiion 10 mercy, the court may decree sen
tence Of the crime next lower in degree This was laid
an the table.