Weekly Trinity journal., 1878-09-21
THE TRIAL BY JURY.

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There are certain rights" which have
descended to US from the time whom our
ancestors FIRST began to assert the claims
of the plebians to protection, which we
yet cling to with tsnacity born Of the
reverence which appertains OILY to things
sanctifed by holiness or long established
usage. Foremost among them, is the
right of every man to be tried by
Jury of his peers" 1t is true, that the
experiences of the later days have some
thing Of tendency TO show that this
sacred right" like many other things is
liable to gross abuse. With ths better
systems of jurisprudence which have been
brought to as near The perfection of hu-
man wisdom" as the careful comparison
OF the best laws Of all countries, and the
adaptation Of their salient features to the
use of our courts, it is safe to say that the
evils, the system of trials by jury were
designed to guard against, cannot rise in
our day. The danger, in reality, is on
the other hand that justice will some
times be defrau led OF her prey, that COR
ruption will invade the jury box, turning
rogues loose upon the world, who should
be doing penance within the four walls Of
a prison.
We have lately bad two notable exam.
Piles of this character, well calculated to
arouse public thought to discover il there
is no mode by which the guilty may be
punished, while the innocent go forth re-
joicing. San Francisco furnishes them
both. The party lately tried for an at
tempt TO poison Elk Supervisor Drucker,
will have another trial, because one of me
twelve jurymen impanneled and sworn to
try the case, dissented from the judg-
ment of his fellows, although the evil
dencs Of the crime was said to be OF the
clearest character, more than enough to
carry conviction of its truth to any un-
prejudiced mind. Perhaps we may be
judging the man to harshy, for all men
cannot see the same object alike, but
where one alone. holds to his opinion
with such tenscity, the world is not apt
to judge his motives too leniently. Again,
in the Hodgdon murder case now on trial.
one Of the jurymen distinctly offered to
sell his verdict for $500, and thus hang
the jury and defeat the ends Of justice -
The ease of this juror, when brought to
the notice Of the Fourth District Court,
proved to be one without parallel in the
history OF criminal procedure. Though
this case of "embracery," was discovered
and culprit sentenced to merited punish
ment at once, yet, where ono such case is
discovered, 1t may be that hundred arc
not. 1t may be that there is the secret
| spring that is touched to cause a disagree
ment and discharge Of the jury in many
cases where the proofof guilt seems over
whelming, the difference being that the
other cases are SO covered up that none Of
them are brought to the knowledge of the
courts. What the result OF the discovery
of the perfdious jurors intention will be
we can only guess. 1t is quite certain
that let the verdict be what it may, unless
it prove to be one Of acquittaI, there will
be new trial. And with each succeed
ing trial Of a case the probability OF q
conviction weakens.
What VIC want ana what we need, is a
thorough overhauling Of our whole Jury
system. There is no reason why n ma
jority should not rule in the jury box az
in other matters. Unless something of
this kind is done, it will soon be imposs-
BILE to convict anyone, unless it be some
poor devil who has neither money nor
friends. There is no sslid argument to
be advanced against the principle that
eight, or at the most nine out OF twelve
should be sufficient to decide case and
render II verdict. a jury is always in
structcd to give the benefit of every doubt
to the prisoner, and if they have reas-
enable doubt Of his guilt, to scquit him.
If he be innocent, his rights are as safe
with eight as with twelve, while il he is
guilty the power of one or two ignorant,
corrupt, venal jurors to obstruct justice
will be gone. The Constitutional Con-
vention should give the jury system a
thorough consideration.