New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-19

too feeble TO grasp with any Force that OF
dozen. They overwhelmed with any consideraDle
number Of details Others who are perfectly able TO u
derstand related facts destitute Of mental ability 90
put them together They have perceptions, without
logic Others STILL with average perccpve and analyt
cal powers are utterly unable to comprehend eomrne
utterly unable. as Jurors are eqnired to 40 .nc In
criminal to blend facts with law WIN al as saGn
trial TO the formation of any opinion OF s!reneh
enough to constitute proper element o, safer 70 and
acquesce IN tie opinions of their ADLER associates @
go fr the verdict but frequently happens that such
inrors nom personal pride. put themselves upon Their
a RShs a an snes 70 arising as' from law Depend
their principal value urDn ahe acy Win ~ nstice
f Aea ANY 3 detective which overlooEs efneahle
Of the Hence, besides the peril to suffers
and tine public there Is extreme folly in the rue WHICH .r
lives perhaps from their various occupations 70 seroe ~
petit uTOrs at Circuit or county S found to exist
between husband and wife. No more unannfty OF )ndg
Jury room than is exacted number of State
officers church officers bank or railroad Officers, sc
catsd together IN pT6e n aa s ae e" IN tins
country has greatly injured the reputation ,nc 81 our
uncertainty And that involution has gone in
This State alone, as every experienced iawye aver
number trials CT partly tried Ia fall through III
consequence OF the sickness death of one or more
defeats OF law and justice by dsreements Of one OF two
jurymen q panel with the rest after the causes naa
been given them in charge, thereby occasioning great
veXation, expense and damage to stors ah the pupe
innrng the reputation Of courts o. Justice ID many IN
giving announcement to bribery ana coirupoh
and giving pith and truth 10 the proverb tat n9lng
Is oe ry donase in dollars which results
every year from the rule is beyond computation. iau
in the British Parliament, namely. that majority Of
twelve jurors in civil and twothirds OF them IN Grim
inai case sitting the out 70 the end ana agreeing
upon the facts proven were competent 10 render wand
verdict il il believethat nearly or quite a those peIs
and troubles would have been avcrted But IL was NOT
such re rs his Lordship proposed in Parliament nor
is here proposed TO the Legislature IL was ana II an
paternty Of soine hut very high antiquity invented
probably. for shield against baronal or other oppres
ability ard culture enforced in this country with
peril 10 the administration of justice II there were
ever any sufficient for II IN Great Britain there
certainly any for in this country ana our
courts Of udicature ought to be relieved Of the ncun
brance.
THE WILL OF THE MAJORITY.
L. The rule il not in harmony with the theory
of Government. This is too manifest to need
demonstration. All Of political institutions are
predicated, professedly, upon the will OF the ma
jority. Under our present State constitution
plurality of electors are competent to elect
even highest judges office In all official or cor
portc bodies composed of several persons, with very
few exceptions majority OF voices control the proceed
ngs Those exceptions exist in respect to the enactment
OF certain laws and the appropriations OF the public
money by Legislature and in respect to certain trans
actions nv municipal and other corporations There they
are inerposed FOR prudential purposes But the perfect
unanmity required of trial ures not required Of any
public deliberative body in the state. All that the law
requires OF Grand Juries whether they composed OF
or 49, IL Ia majority Of the 23 shall agree IN
order to indct. $3.50,
And the rule IN not in harmony with the rule which
prevails the benches Of plural courts III Strands 10
that if perfect unanmity be required Of any
branch department Of judicial courts composed OF seve
raj persons should be required OF the JUDGES COgent
arguments such a rule the benches Of appellate
courts might he urged. But the majority rule was
adopted all IT them State and National at the dates
of their organizations respectively and has prevailed
on the benches of plural courts ever since without email
engc or complaint Now. il must be obvious Ia men or
reflection that If the majority rule is the proper one 10
prevail with the Judges OF courts who are presumed
be men Of higher culture than jurors II ought 10 be
suffered prevail with also. To permit i to pre-
vail with the and with the latter 10 sanction
an ncongrty which greatly the beauty Of our judi
system, beside LcumDerng, embarrassing, ana Cd
stl1Icting the administration OF the laws.
For these and various other reasons which might be
given the following act is respectfully suggested 10 the
next LEGISLATURE for consideration. BENZ. +. HALL
Auburn, ". T., July l., 1879.