The Red Cloud chief., 1878-06-20
The Jury NyHtem.

In his address before the State Bar
Association nj its recent session In Dos
Moines. Judge Dillon spoke NJ follows
In regard 10 juries:
" consider the trial by Jury IN es-
sential part Of our judicial system. II
In n cherished tradition. II II protected
from Legislative violation by the national
and all Of the State constitutions. II
belongs TO our free institutions. II
springs out Of them. and tends 10 sup.
port and pcrpetuate them. In criminal
cases there IL no substitute that would
DO acceptable IN the profession or en-
dured by the people. But civil contro-
v~ersics, especially In modern times. are
much more complicated than criminal
trials. and the verdict Of juries are
much less satisfactory. This Ia largely
owing To obvious causes. Juries ought
always 10 be. but frequently are not,
composed Of the best citizens In respect
Of Intelligence, moral character and
business experience. Judges have been
deprived In many Of the States Of some
ut the powers necessary to ecure q true
verdict, and foil TO exercise In such
States and elsewhere the power TO cor.
rect tho mistakes Of juries by an un.
restrained and free exercise OF the right
10 grant new trials. In some States
statutes have been passed which degrade
the judge, n tho presiding and guiding
intelligence ut the trial, into an officer
whose functions rather resemble those
Of . moderator than those Of judge. He
IL forbidden to-Charge upon tho facts,
70 sum up the case upon the evidence.
" express any opinion upon the value
of the testimony, and Ii required 10 con-
fine his charge Or instructions to q
barren and often unintelligiple state
ment of the law Of the case, and Ii
sometimes required To give or refuse
instructions asked In the precise form In
which they are adroitly framed by coun.
sci. All such legislation implies a dis.
trust Of either tho capacity or the in-
tegrity Of the judges. This IL an un-
fair implication. II does not express
the deliberate or general judgement of
the community. Such statutes are
based upon n wrong principle, and pro-
duco bad results. Let the blame for
such legislation be placed where II be-
longs. This Legislation has originated.
| believe, In every case, not with the
people. but with some lawyer who has
been disappointed by the full discharge
on tho part Of some independent Judge
Of his duty.
Under the practice required by these
statutes mistaken verdicts are greatly
multiplied. At the same time, ~ an
indirect, although unattended. conse.
quence OF other legislation. judges have
been led to pay too much respect to or.
roneous and eccentric verdicts. have
known judges who boosted that they had
never set aside a verdict. Tho evil ID
increased by the great prevalence Of the
false system known as the scintiila doc
trine, viz: II there IL q scintila Of evil
dence the case must 20 to the Jury,
whereas tho true doctrine is that an.
proved by the United States Supreme
Court, namely, that no case ought to be
submitted to q jury where the evidence
In favor Of the party who asks the sub.
mission Ii 80 weak that = verdict In his
favor ought TO DO set aside by tho court.
And the Injustice often produced by the
scimtilia doctrine and by the refusal Of
the appellate court, except In cases OF
the most fragrant wrong, to interiors
with the discretion OF the court In 70
fusing q new trial.
II IL mainly TO these causes, some oil
which are produ sed by unwisc legisla'
ton. but all Of which, happily. am
remcdiable, that the trial by Jury hal
declined to such an extent that Il ha,
come, In many places, to DO an avowet
maxim Of professional sction,-a goot
case 10 for the Courts bad or doubtful
oase 10 for the Jury.