The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1873-03-27
For fbs st Cloud Journal.
TRIAL BY jury.

Our system Of trial by jary comes
down to AZ from venerable antiquity.
1t vas br1u.ht from England By the
c'lonsts Of Virgini. and Mas .achusetts,
and eau be traced back Of I mistake
"t t. the reign Of god King Alfred,
:" tie ninth Century. 1t has ben for
centuries reVe'ed as one Of the best
safeguards Of E'yIi>h liberty. But
experience is the e,ea, test of utili,v
40 we'll as Of truth, aud is perpetu.
ally consradictiDg the theories of men.
Ne human institution is without its
relative merits aud defects, and none
are alike 6ttest for every state of society.
It must strike even q casual observer
that there is something radically de-
Il ctive 10 the administration of justice
In the States Of this Unlon. Criminal
Justice Is llogeriog aud uncertain, and
III many localities impuoity for crime is
rather the rule than the exc pti,n. 1t
1" to this cause, to thorough convic.
ion on the part of or people that tue
most atrocious crimioals it left to the
law will very likely escape adequate
pu"'hhment, that We arc to attribute
tie fr qusot instances 10 which judge
lynch is invoked Wit, his ".hors shrift
aud bis 'trony court" to dispose of the
case Thi, lawless APPEAL to the vim
dctive PASSIONS Of the % b is dis
Sr .ce to our civilization Bat to 40.
,ly duo corrective we must rem dy
the abuse which gives rise t. it. Ex.
u rlence has fully dem ,ustrated that
'al by ury is valu ,bIe only IN cer,aia
c'n''ogencics as sateyu'r OF political
noer'y, but that it gives but very un-
certain aud doubtful aud t. the ordina-
~ administration of crimloai ju-,lee.-
Il ce'tal"iy appears absurd to submit
thc grav. st Questions OF criminal juris.
urud"nc>, such az the nic. distinctions
which distinguish the various grads
o homicide, to the d.tinitlve decision of
'welve nen, most Of VIII IN, and often
Ill OF whom, are utterly lgporaot of law
and ev,dsnce. Would oot the ends Of
justice be moch better attained if the
&C used party, alter iadlc, meut, was
Foroasht bet"re j1d c,al bench CON-
posed OF three judges, eho, to ability
aud integrity, should add Through
knowledge of law aud 40 experienced
acquaintance with human testimony and
the Ia" of evidence? These Judges
should be elected, as far as possible,
~i'hout re erence t. party pol,1ic-, and
should hold their Offices Tor lite or du-
rlng good behavior They should also
have salary soificlen, to render them
independent. Their unanim us decis.
ion sh ould acquit or condemn the accus.
ed ; provided that, iu case Of disagree
| nent or writ Of error for just Cause, the
case be brought before superior juris-
'ilction FROM whose decision there
should be no app'al. 1t is at once ad.
'nit'ed, and is ve.li d by history, that
the animus of judges as elderly and
conservative men will in almost every
Instance, be 90 the side OF established
power. To provide az alnst the danger
IF abuse from this cause, all trials for
treason or other political vfenses should
ne by jury, as obtains at present.
/ do oot pretend to legal knowledge,
and throw nut these re q. cti, ms o1ly by
way Of sugSt stlrn yet Il appears TO
me that our Frss.nt sys'em OF crimi.
ual jurisprudence is radically defec-
tive.
W. h GATES.