The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-07-08
The Jury System-A Reform Needed.
Editor Savannah Morning Nc,cs.

The Jury System-A Reform Needed.
Editor Savannah Morning Nc,cs.
In looking over papers of the State and Of
other States, we are struck with the amount OF
crime that seems to curse the land. Not only
| that, but the trials in many instances seem to
be farces. The time, labor and money spent
goes for naught, for in comes the jury with q
mistrial, and if the verdict be "guilty," espe.
cially in murder cases, a move for new trial
is made, or bill of exceptions is taken.
Unless there be a radical change in the ad.
ministration of justice a more sure and rapid
punishment upon the heels of crime, society
must become demoralized, and lynch law more
fashionable and justifable. Society-the law
abiding portion of it-must feel there is q safe
and sure protection for life and property, and
that crime cannot 60 unwhipped of justice
through the mere technicalities or the loop
holes of the law, or through the tricks and
eagerness of the advocate to shield his client.
We have been led to the above reflections by
the reading of trials in Georgia in different
sections. Within the last six months or little
prior, there has been several outrageous MUIR
ders of good citizens. Some of the parties
have been tried and found guilty of murder
and manslaughter, but no sooner were the ver-
ulCtS lCuuClCu Glldu hOtlOuo WClC lhhuC tOi dCU
trials. How many trials must man have be-
fore Justice simple, impartial iustice-can be
administered? Should the murderer have all
the sympathy? Has the community in gen.
eral no rights Shall crime count upon the
ability of lawyers, the uncertainty of juries,
and the sympathy or Indifference of the COM
munity? Delayed, or trials carried from term
to term, is but a bid for sympathy or the. cool
ing down into Indifference.
Jury trials should not be STAYED off unless
for causes that are imperative 1t is easy
enough to have important witnesses absent,
and when so let them be fined and the trial pro-
ceed. The parties interested in their appear
ance or absence would soon learn that justice
cannot be winked at, thwarted or trihed with.
Again, the idea that twelve men should agree
to verdict is an outrage against common sense
and common justice. 1t might have answered
hundred years or more, but in this our day it
is farce. 1t is an open door for corruption
and bribery, which, unfortunately, is too COM
mon. Not long since, in neighboring State,
trial that should have sent man to the
penitentiary, if one of the jurors had not been
tampered with, was made a mistrial-eleven
for guilty and one against. In another in
stance, in Georgia, not long since, ten were for
murder and two for manslaughter, and so on
to the end of the chapter.
We should like to see the jurisprudence of
the State so changed, that two-thirds of jury
could bring in verdict. Any one who has
ever studied the philosophy of the mind knows
that there are mental idosyncracies and pecu-
liarities in men so marked, that they cannot
and will not think as others. They assume
their own premises on every subject, and can
but see and reason in one line of thought.
They are honest and honorable men, but pecu-
liar withal. We have, in days past, sat upon
juries with just such men. If they happened
to be opposed to capital punishment, or any
ways squeamish on the subject, they instinc-
lively lean towards the prisoner. Some mems
minds are so much like mud that you cannot
get clear ray of light to shine into them, no
matter how hard one may try. Others, again,
have minds like an OWLS eye-the more light
you pour upon them the closer they shut.
Others, again, have minds like mole's eye
so very small that they can take in but very
little light And others, again, have minds
that are wilfuly corrupt, blind, prejudiced,
partisan and perverted, destitute alike of hon
or, truth or justice.
Mistrials are godsends, hundreds of times, to
advocate and client, and the next trial sets,
perhaps, the villain loose upon the community.
Change the law. Let two-thirds of the jury
bring in verdict, and the heavy and unneces-
sary expense now incurred in mistrials would
be forever done away with. Justice would
smile and crime stand paralyzed. Before the
war Sonth Carolina had the finest jurispru-
dence of any State in the Union; and the re-
suit was, that murder and theft were rare,
while in Georgia we invited it in. The rogue
and murderer felt that South Carolina was dan
gerous and unsafe ground for him; while in
Georgia our laws gave him the benefit Of ali
doubts, with rather all ordinary jury, and most
ly OF his own selection.
Our jury boxes have been improved in mate
rial, we are happy to record. Now give us
speedy trials, a two-third verdict and justice
will cease to weep over the crimes Of the coun-
try that 90 unpunished r. NJ. o.
p. .S.-Suppose the Beecher trial should be
mistrial; is all of that miserable stuff to be
gone over with again? Gracious what a
thought to think