The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1875-11-19
Irne Northcrner.
TIE ".JYRrsy,SyE.v.,

Mr.. Willis Phelps In The Springfield Repub
iican," to an amount represented by large OK
pression In American currency, the htgant
agreed 20 dispense with the jury altogether as
bya law OF the State, they had the privilege o.
doing, Ii was an extremely sensible proceed
ing, aud ought to have attracted more attention
than it did attract, and wider following thar
il has yet secured For, OF all the haucina-
lions which from generation to generation
possess and peryert the minds OF men, that
which attaches a sort of sacredness to a jury
trlal, aud holds the " jury-system" as half d.
vine, is the most fabulous. To be tried by
ones "peers, those "peers" reaching the ex-
act number Of twelve. is regarded, by very
large number of the community as privilege
10 be surrendered under no clrcumstances-a
privilege TO be defended at any cost OF blood
and treasure.
The word ''peer." as 1t IL used here, is a
cheat All that it means Is that the juror has
the same political power and privileges as the
man whom he helps to try, yet the women of
America have never been tried by their peers.
Infants" are never tried by their peers. If
we 20 beyond this, and attach any intellectual
or moral significance to the word "peer," we
shall find that a man is almost never tried by
his peers In the recent trial of Mr.. Beecher,
L would be very silly to say that he was tried
bv his peers Indeed, it would have been very
difficult to find enough OF his peers in America
10 try him. II such a jury could have had
charge of his case, it certainly would not have
disagreed.
But TO come down upon the solid fact, let us
confess that the ordinary jury Is utterly incom-
petent to perform the duties OF its Office. Men
who are taken from the different walks of life,
men whose minds run in the narrow channels
of specialized industries. are brought into
courtroom under circumstances utterly strange
to them, without habits of mental application,
without practice in sitting evidence, easily inn
posed upon by the plausibihties OF counsel.
easily acted upon through their sympathes,
easily impressible by eloquence, and are ex-
pected the first time, and every time, to render
Justice. The thing is absurd on the face of it
and SO notorious now is the uncer tanty OF
Jury trial, that men regard verdict very much
as they do the drawing OF lottery. verdict
is matter of jury and not Of justice at all.
so well understood Is the fact, on the part Of
corporations, that, before jury, they stand
no chance in any case against an individual,
that many of them have ceased to expect JUS
tice from jury, and. so, are constantly COM
promising suits in which they know their oppo-
nents have no case. The average juror makes
common cause with any individual against a
corporation. as the corporation has found to
it's cost
As men average, there is one man IN twelve,
ut least, Of exceptional mind and Characters J
tics. There was a devil among the twelve Apos
lies, and in nearly every jury there is &C crook I
ed stick" lie may be without common honesty; .
Inc may be without common sense. lie may be .
q man who has a genius for differing with eve
rraody on every possible subject. One man in
welyc at least. has some kind Of eccentricity,
and as ne has no special education TO help
MIN, bis opinion on any subject is without the
Sigh est value Now. this twelfth man Is the
man on whom hangs the fate of oil who trust
themselves to jury trial. lie can hinder
Justice, and he usually does It The good
sense Of eleven mon may have decided given
case N "a given way. but the bad sense, or the
bad DISPOSITION, of the twelfth man. Is enough
10 thwart their will and make all the labor be-
slowed upon the case Of no avail. We decd @
al other questions by majorlty vote but this
Here alone we require unanimity, and no
,hance whatever is afforded to realize the re-
.ults Of preponderating opinion. II jury
rial could be decided 10y a majority, even If it
hould be five-sixths or eleven twelfthe, ius-
ice would have better cha nee. As it -,
re have always to count in the chance OF get
ing tine crooked stick. the dishonest man, the ,
oTuphble man, and to admit his power to
poll any verdict that eleven men may freely @
ecide upon. The law does its best to make y
very Juror Incompetent, by insisting that he
hall be so little intelligent IN current affairs as
o have no opinion concerning them as they
nay relate to cases IN hand.
But there is something further than this to J.
r. said against juries. Tho fact that tn cir SCI
ice rs compulsory is an outrage upon the &.
gh's OF the citizen. There ls no other civil
p Judicial service intowhich meu are compelled
"a. this. In time o. war, the state can com
e the service OF her sons FOR her defen Sc, II
icy DO not volunteer; but q state OF warts
together an exceptional condition. macon.
tion Of peace, any compulsory service IN the =,
aking or administration OF las is essentially NJ
hardship and an outrage 70 be forced TO g
mpel this service Is to acknowledge slavery =,
precedent. and confess to scautlne ss OF re- p.
ugces, 10 force men unpaid, or only made 10
latelv paid, into the service Of the courts, TO ~
az them away from their business or their fc
miles lmprison them under the charge Of 81
dcels, and annoy them for days or weeks, or %
onth,, 10 the case may be, with the detail OF III
fairs in winch they have no interest whatever, p
oppression. against which our people would
We Kicked long ago, but for tins hallucinotion AZ
out tie sacredness of the jury trial. People OF
NOT see how we can get along without it ~
Well, Mr.. Bowles and Mr. Willis got along -,
thout it. We should very much prefer to
ave a case OF ours with three men trained in
g law. or to one man accustomed to compar-
e and measuring evidence, than to twelve ~
en- selected 10y lot from tue realm Of aclinowl- al
ged incxpouenco and incompetency. After OF
.c has picked out the th rec best men on a ju- ~
, he has better jury in the three than IN W
g nine which are left. a sum isnot increased ey