The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-26

- 70 W Uo uOpeu Nuat the OIL now peuu1nB
in the Legislature for the compensation Of the
long suffering Brooklyn jurymen may be
passed. A reasonable compensation for the
loss OF their time and interruption of their
business is so simple an act of justice as to
warrant, in this exceptional case, departure
from the ordinary rule. There are good reasons
why the ordinary pay of jurors should be
merely nominal. In most cases their term of
service is only few days, or at most few
weeks. and the cheap administration of justice
is so important to the public welfare that the
occasional sacrifice of a few days time by
citizens serving as jurors is one of the taxes
which they should be willing to pay for the
general security. But this kind of tax, like
all other taxes, should be equitably distrib-
uted. Each of the Brooklyn jurors will do
twenty times the amount of that kind of duty
in this trial which devolves on other citi-
zens during a lifetime, and it would
be not merely hardship, but an injustice. if
they were put off with the merely nominal
compensation which the present law allows.
1t is not wise to tempt future jurymen to put
a strain on their conscience and shirk service
that is likely to be protracted. Every juror
in this Beecher case would have been pecu-
mary gamer if he had neglected to obey the
Sheriff's summons and had paid the fine for
non-attendauce And then there are ways
enough by which men can avoid serving in
such case as this without mourning penalties.
They have only to say that they have formed
an opinion, and they are at once released. 1t
is not conducive to good morals nor to the
ends of justice to strengthen this temptation
by so gross violation of equity as the denial
of a reasonable compensation to jurymen who
are kept in attendance four or five months.
1t would be so easy for any one of the number
to release himself and break up the trial by
feigning Sickness that the community should
award the praise of uprightness and moral
steadiness to every one of these twelve men,
who go on from day TO day in the discharge of
their duty, with no certainty that they will be
paid for the loss of their time and the neglect
of their business.
The conscientious steadiness of these Jury
men cannot be compared with the persistence
the counsel for the plaintiff. who are, doubt
less, serving without compensation, unless
they get verdict for their client. They came
into the case voluntarily, and not, like the
jury, on compulsion. They probably satisfied
themselves that the plaintiff had strong
case, and assumed whatever risk they took
with their eyes open. If they should desert
him before the end of the trial their chances
would be small of getting future clients. And,
besides, they have partial compensation in
the opportunity to display their abilities in
SO conspicuous theatre The poor jurymen
gain no such incidental advantage, because,
unlike the lawyers, they wish to keep clear OF
future cases instead OF serving in them If
Messrs. Morris, Pryor, Shearman and Tracy
were serving on this jury instead Of being en-
ployed as counsel the hardship would be more
burdensome than that of devoting their time
from friendship to client on the one side or
the hope of winning their case on the other.
Even the most cherished of our institutions,
the trial by jury, has the imperfection which
attends all human devices. 1t is but rude
process for the ascertainment of guilt or the
Undication of innocence. If Mr.. Beecher
should be acquitted, he will still have suffered
Court to award him costs when the plaintiff has
no ability to pay them. The heavy expenses of
his defence will be an unmitigated evil for
which he can obtain no redress, which will
be very hard on innocence, if his innocence
should be established. Mr.. Tilton might, in
that event, be indicted and punished for libel
or for perjury; but that would bring no adj
vantage to the defendant who, as o Christian
minister is supposed to be above motives of
revenge. And SO, on the other hand, if Mr..
Tilton gains his suit, it will be barren
victory. When he has paid his lawyers he
will be as poor as he was in the
beginning, and viii have acquired kind of
notoriety which no sane man would covet
When he condoned the fault of his wife,
after her confession, he bound himself to
silence and, let this suit terminate as it
may, he cannot escape the heavy social pen
altles of his strange method of proceeding
A suit for divorce, when he made the alleged
discovery would have been proper enough;
but bis subjecting the county Of Kings to the
expense of this wearisome and demoralizing
trial, four years alter an act of forgiveness,
will wash out no stain from his reputation,
however successful he may be in running that
of Mr.. Beecher. A jury was never worse en-
ployed than in trying this scandalous and
protracted suit and, as they were brought
into it by no fault Of their own, it is proper
that they should be fairly paid for their time
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