River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1875-09-03
IDr Holland in September Scribnerl
The "Jury System.S

The "Jury SYstem.'
Alta recent trial in Massachusetts, OF
Mr.. Samuel Bowles, for damaging the
character Of Mr.. Willis Phelps in the
Springfield Republican," to an amount
represented by a large expression in
American currency, the litigants agreed
to dispense with the jury altogether, as,
by law ofthe State, they had the privi-
lcge Of doing. 1t was an exceedingly sen.
,ible proceeding, and ought to have at
tracted more attention than it did attract
and a wider following than it has yet Sc
cured. For, of all the Authorizations
which, from generation to generation,
possess and pervert the mind of men, that
which attaches a sort of sacredness to a
jury trial, and holds the Jury system"
as half divine, is the most fatultous. To
be tried by ones peers" those ''peers"
reaching the exact number of twelve, is
regarded, by a very large number of the
community, as privilege to be surren-
dered under no circumSances-a privilege
to be defended at any cost of blood and
treasure.
The word peer" as it is used here,
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. sin.
fants" are never tried by their peers.
Those who we're formerly slaves were
never tried by their peers. If we go be-
yond this, and attach any intellectual or
moral significance to the word 'peer,"
we shall find that man is almost never
tried by his peers In the recent trial of
Mr.. Beecher, it would be very silly to
say that he was tried by his peers. In
deed, it would have been very difficult to
find enough of his peers in America to
try him. IL such jury could have
had charge of his case, it certainly would
not have disagreed.
let us confess that the ordinary jury is
utterly incompetent to perform the du-
ties 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 imposed upon by
| the plauSibilties Of counsel, easily acted
upon through their sympathies, easily
impossible by eloquence, and are expect.
ed the first time, and every time, to rem.
der Justice. The thing is absurd on the
| face Of IL and so notorious now is the un-
certainty Of jury trial, that men regard
a verdict very much as they do the draw.
| ing of a lottery. A verdict is matter OF
Jury and not Of justice at all. So well
understood is the fact, on the part OF
corporations, that, before a jury, they
stand no chance in any case against an
individual, that many Of them have ceased
70 expect justice from jury, and, so,
| are constantly compromising suits in
which they know their opponents have
no case. The average Juror makes com.
mon cause With any individual against a
corporation. as the corporation has found
| TO its cost.
As men average. there is one man in
twelve, at least. Of exceptional mind and
charact eristics. There was a devil among
the twelve Apostles, and in nearly every
| Jury there is crooked stick He NAV
| be without common honesty, he may be
/ without common sense. He may be a
man who has q genius for differing with
| everybody on every possible subject. One
man in twelve, at least. he's some kind Of
accentricity, and, as he has no special
education to help him, his opinion on
any subject is without the slightest
value. Now this twelfth man is the
man on whom hangs th1 fate Of al who
trust themselves TO jury trial. lie can
hinder Justice, and he usually does IT,
The good sense Of eleven men may have
| decided given case IN given way, but
he bad sense. or the bad disposition Of
| the twelfth man is enough TO thwart their
/ will. and make M the labor bestowed
| apon the case Of NO avail. We decide all
other questions by majority vote bu'
| this. Here alone we require unan
| unity. and no chance what
ever is afforded TO realize the
results of prcppnderating opinion. II q
Jury tiia, could be decided BY a majority
even II Il should be five.sixthS. or eleven
twelfths, Justice would have a better
chance. AS is, we have always 70 count
IN the chance of getting the crooked stick
the dishonest man, the corruptihle man
aud 90 admit HE power 20 spell any rSf