Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1877-02-08
The Stubborn Juryman.
Fer the Grant County Herald,

men often try to get up laugh at
the expense of the stubborn because
Ijuryman he held out against the 9TH
err eleven. Now / contend that the
stubborn juryman has done more to
make the system answer the pur-
pose for which 1t was created than
all the others; that all who have
made fortunes by the practice of law,
are vastly indebted to the stubborn
jurymsn for their success; and be.
lieveng this, do not intend to sit
idly by and see him made the
laughing stock of the community,
without saying q word in his de-
fence. Permit me then to trace 40
average lawsuit through the courts
that we may be able to see more
clearly how it is that the stubborn
juryman is made use of to put mon.
ely in the pockets of the legal pro-
fession. We will take case before
a Justice of the Peace. Smith and
Jones are the parties, Catchem and
Pickem, are the opposing counsel
lors. The sni., we will suppose, is
brought to determine who is the
legal owner of pig. Now il it was
left to the ]. P. to give final decis>
ion in this case, it would be as likely
to be right as it can be in any human
tribunal and the parties would then
go home rejoicing that they had
seen the end of it. This is the way
such cases used to be disposed of, but
come law genius made the discovery
hat il we had little jury to assist
he J. p. in determining who was
the legal owner of the pig, there
would no doubt often be o stubborn
one among them, and then the case
would have to be tried over again,
making business very lively and
profitable for the counsellors. Again,
we see the value of the stubborn
juryman in the Circuit Court. Jury.
men may BIO divided into three elias.
ses, and as they arc generally CON-
stituted, one or more of each kind
may be found in each panel. First
the leader; this man will make him.
self kown to the others without any
apparent effort on his part, and the
m jority of them will generally fol.
low him as quietly as drove of
mules will follow their leader. But
here the stubborn juryman comes to
the front, and let's them know that
he is an important factor in the set
tlement.of that case I'm vain the
leader explains to him that the Judge
charged in favor OF the other party.
He says he has sworn to decide
according to law and evidence, and
he is going to decide according to
his own opinion OF the law and evil
idencs. Had they wanted him merely
to echo the opinion of the Judge, he,
and all of the rest of the jury, had
better been left at home, and left it
to the Judge TO decide who was the
legal owner of the pig, as best he
could, and thus saved the County of
q heavy bill of expense.
Now it must be confessed this
stubborn juryman's head is level,
though his stubbornness may be the
means of taking the case to the Su-
preme Court, where, after ayear or
two of litigation, it is barely possible
that the pig will change owners.
Only one thing is certain about
his case;and this is that when 1t does
come to an end, two barrels of mon
~ will be filed much fuller than
hey would have been, had it not
3esQ for dthe atpihabagSSn i8rSmvss2hv PPhis
son, and is doing for the profession
ust what it was known he would do
when the jury system was extended
% petty suits before j. 2.
1t is known that the stubborn
uryman will be on hand TO prevent
, decision in aoertain number of cas-
ss, probably one third, and it is this
hat makes the legal profession prize
he jury system SO high. Now |
would say to the stubborn juryman
you are right, my good fellow; stick
% your principles, and you will have
IN approving conscience. If they
will take you from your buiness and
your home, for no better reason than
hat somebody said Smith and Jones
N0T6 hITulu W trust Tue JuuBo,
which is no doubt false, as it would
IMPLY o base SANDER upon him, then
are you justified in sucking to your
principles though you should be
The Indirect means of making the
rich richer, and the poor poorer.
Now | have one question would
ike the reader to answer. Suppose
you had never heard of jury, but
had been accustomed all your life to
seeing cases at law decided by the
Judge; what would you have
thought of a man who should advo-
cate the adoption of jury system
such as we now have, with all its at
tendant expense and delay? Would
you have considered him of strong
mindP Or would you have thought
him fit subject for the insane asy,
Ium LUTHER BRowE.
January 9th 1877.