The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1878-08-30
Official Press Of King County
Friday, August 80, l


ever yet arisen to 50 high . state - to
leave nothing wanting; our laws
abound in imperfections, and none OF us
can be said to possess every mora ex-
cellence. Yet many glaring defects may
be Corrected, and many flaws in our in-
stitutlons and systems oblitsrated by
patient attention and proper invest ga
ton. We are most likely to overlook
defects in those systems or devices
which have received the sanctity o.
age, and have been handed down - us
in their present conditions by gener1-
tions of the past. Among these may
be mentioned the system Of trial 10y jury
the institution of which, we believe,
is sscribed to Wooden. the great legis-
lator of the carly Saxons. The system
was ultimately established among a.
northern nations. and thus interviewer
into their constitutions. It has ever
been considered the principal bulwarh
of the liberties of the Anglo-Saxon
race. No conquest, no change of gov
eminent has ever prevailed to abolish
it. 1t is privilege of the highest
and most beneficial nature; a privi-
lege which the Romans. Spsrtans and
Carthaginians with all their boosted
liberties never knew Gritty calls it
1.-THE glory of English law" and natu-
rally the more we search into it, anG
the better it is understood. the more we
value it. 1t is the greatest privilege
OF every American citizen that he can
not be effected either in percon, property
or his rights, except upon the verdict OF
twelve of his peers.
Yet, the system, as much as it may
DO lauded, has its imperfectiops. in
stances of which are recently brought
to mind; but which, in our opinion,
by careful, patient attention, may, in O
measure, be corrected 1t must be
observed that the twelve men are not
always good men, honest and true"
The peer OF the party litigant does not
always exercise judgement unwarn sd
by prejudice. lie is frequently bi .sed
to such an extent, VIII .ch, if known,
would debar him from jury duty. In
this condition no is not, Of course,
qualified to pursue an impartial invcsti-
CATION after the truth. Were he
honest, he would acknowledge his pre-
JUDGES and refrain from duty. instead
of straining his conscience under ar in
sufficiently vigorous examination aud
veil his prejudice perhaps to all but him.
self. In this we see the need
of much higher moral standard
among jurors-a different sentiment
should prevail. Every man who
enters upon jury duty should seriously
consider the fact that the impartial
administration of justice to oil is the
great end of civilized society, and in.
dividually seek to guard it sacredly.
lie should possess sufficient virtue and
vigor Of mind to rise above every pre-
JUDGED impulse. Those upon whom
the duty of impanneling the jury de-
wolves. shou 4 SEQ to it that every man
is subjected to most thorough and
vigorous examination. and only hose
who are proved to be entirely above e
proach in this regard should be retain
ed.
There is natural tendency on The
part of the great majority Of men, a,
lcas in our own country, to always
take the side of the weak dog in the
fight" no matter what the merits of the
case may DO. Thus it has been ire
quently observed here. in numerous in
stances. where the defendant in . suit
has been wealthy, and. rs is generally
tbs cas'. consequently unpopular with
the masses, and the plaintiff poor but
popular, or rice rersa, the suit has been
given to the poor man by jury of the
latter's peers. irrespective of the just
merits of the case. We might cite
several instances whore We believe this
to have been the case; but this one
will suffice. A case of this kind was
tried in this city recently, and verdict
brought in in favor of the poor man. I"
The jury were discharged. Shortly
after one of the peers" aud probably
one of the most influential men of the
twelve was questioned on the street. by
. prominent citizen. as to how the case
resulted, whereupon the former replied:
"fes. We are through with it. aud by
- We got lick in on him / $
time" meaning the defendant. Was
such q man ii; to set on juryY Was
il not just such instances rs this which
brought this time honorei system
trial by jury-"the glory of the -cg-
lish law"-into disfavor and 20 its
adjustment in Sweden during the
middle of the past century, when with