Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1878-01-10
Throwing Light on the Jury System

1t appears that juries were frs,
used only in criminal cases, where
death was the penalty for the crime
charged, and were so used TO divide
with the Judge the responsibility Of
taking human life. Viewed in this
light they seem both merciful and
just, and they often relieve the Judge
of the weight Of responsibility that
few men. unaided, would care to as
sumo. Now let us try to find how
it was that this system was gradually
extended till it now rules even in the
justice court, making of him a mere
juryman's clerk, largely increasing
the taxes aud often doubling the ex>
pense of trial. 1t is we'll known
that juries often fail to agree, and
in all such cases another trial must
be had, thus doubling the law bust
ness and making it more profitable.
Is not this the key that will explain
why it is that the system has been
gradually extended. 1t is but a
few years since it was fastened upon
the Justice Courts; but it has forced
the parties to suits in their courts to
spend vast sums of money, and to
waste q great deal of time to sustain
it, without deriving any benefit. l
lately saw in the papers statement
of q criminal trial, where the Jury,
Otter being out thirty hours, brought
10 verdict of guilty; but it AFTER
ward came out that they were pretty
evenly divided in their opinions and
so they agreed to decide it by draws
ing straws the longest straw rep.
resented death or the penitentiary,
the shortest liberty hence tho ver-
dict, but the lawyer tor the prisoner
was trying to get new trial /; on
account of the part the straws played
10 procuring "a verdict. Now l would
say to this lawyer, and ell others
who agree with him. Don't be too
hard on your own offspring. What
is this whole jury system, but con-
trivance to make business. got up by
yourselves and your dads who made
the laws for no other purpose :?
Drawing straws were they ? how
came they there? Did you not draw
straws or something else to get them
there ? They were not chosen by
the people, nor are they required to
have any qualifications at all, but
you blame this child of your own for
for drawing strawsl What would
you have had him do ? Oh yes, /
see now; if they would not agree,
you would have them report the fact
to the judge, and they would have
been discharged and another jury
called. Oh yes, that is it; light is
breaking in here now; had not those
naughty children of ours drawn
straws, we should have had this case
all to go over with again which
would have been not less than fifty
dollars in each of our pockets. Such,
no doubt, were the thoughts that
passed rapidly through the minds Of
the members of the bar, when told
that their naughty offspring had
been drawing straws, and by so do
ing had not only disgraced them
selves, but cast dishonor upon their
parents. Now l would ask, Is not
this whole jury system rotten to the
core ? If it is needed at all, (Which
| deny) it would seem that jurymen
should be required to possess some
qualifications, or that they should be
chosen by the people, but they are
not. In fact they are created by the
drawing of straws or bits of paper,
and are often made out of men who
are lying around loose, on purpose
to secure the job. l have not par
ticle of doubt but that had we never
heard of such thing as jury trial,
in civil suits, but had been ,,aceQs-
toned all our lives to have them de-
cided by Judges, chosen for their
wisdom and Knowledge, every man
of us would have pronounced the
men who should advocate such jury
system, as we now have, either q
monomaniac or fool. But custom
rules this world, to great extent ;
and where it comes in competition
with reason and common sense, the
latter have to take back seats and
wait till the custom of fashion
changes. Who says man isn't q
strange animal
LUTHER Brown.
Patch Grove, Jan. 4,'78.