New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-10-06


failed in the trial Of Tweed it would have re-
ceived o severe blow. There were great
fears that it would fail. 1t was
thought scarcely possible that In
city where he had been so powerful, and
where his personal following had been counted
by thousands, dozen men would be brought
together 30 free from prejudice as to send
him to prison. But when the final verdict
was obtained and the statesman was safely
arrayed in his larceny jacket the public was
inclined to pardon many lapses of the jury
system in consideration of this admirable piece
Of honest and faithful work. The Albany
case, however, is one equally strong the other
way. 1t has also the quality OF cOngruity.
People look for just such performances in the
case of juries which are to pass upon the
crimes of public officers. The very surprise
with which the Tweed verdict was received
was proof and illustration of this tendency.
In the present instance, careful, labOriOus
and expensive effort to bring q criminal to
justice has been defeated by the caprice of a
single Juror, who did not even pretend to
disagree with his colleagues upon the law or
the evidence. He simply urged "his own
conviction" Of the innocence of the accused
and his vanity and stubbornness were enough
to withstand the pressure of the other eleven
all day and all night. Now. men of this sort
are not at all uncommon. They are to be
found in almost every dozen citizens you can
gather together in court room. The only
reason they are not Oftener heard of in jury
trials is that they generally find Others to
agree with them. 1t is a mere chance whether
their prejudices are on the right or the wrong
side. 4 If this obstinate Juror had taken
it into his hard head that Phelps was guilty,
not all the evidence in the world would have
convinced him to the contrary, and the verdict
of the jury would have been promptly given.
But he made up his mind, such as he had, that
Phelps was innocent, and law and evidence
made no more impression upon him than water
on ducks back. His unreasOn, in the present
state of our laws, was as strong for the pro-
lection of crime as the whole machinery OF
the law was for its punishment. The whole
apparatus is clogged by this piece of dead
wood. 1t has to be taken out before anything
can be done. Everything must BIO gone over
again from the beginning, and there is endless
delay, great expense, annoyance, the risk OF
possible escape, and the certain loss of the
moral effect which would have been the result
of a prompt conviction.
We are shortly to witness in Brooklyn the
most important prosecution for libel which has
ever taken place in this country. Scarcely a
man or woman, and we are sorry to say not
many children, but have heard of the libel
have discussed it and expressed some opinion
about it. From how limited circle the jury
must be drawn which is to decide upon it, it is
needless to say. 1t is scarcely possible that
twelve men of sufficiently limited information,
or sufficiently cOlorless views can be found
without long course of wranglng and i'm
panelne. And when the jury is formed, what
guarantee can be had that it may not contain
some one person like the dissenter of Albany
who has conviction" utterly unconnected
with the law or the evidence, either that Mr.
Beecher is malignant devil or an injured
saintf
The question cannot but occur to many
minds, why should our judicial system be left
at the mercy of this casual idiot He cannot
be guarded against. He cannot be eliminated
from society NOE from human nature. He is
found in every town and every county, and
no precautions can keep him from once in
while getting upon jury 1t is a question
worthy of serious consideration whether we
ought to go on forever acknowledging his
presence and admitting his authority. In
case where eleven men, or even ten. agree
upon verdict in accordance with the facts
and in harmony with the law as expOunded
in the charge of the presiding judge, is there
not something puerile in permitting one man,
or even two, to indulge capriciOus vanity,
or even consummate a corrupt bargain, by
bringing the work of the entire community
to nought There are two sides to this ques-
ton.