Smyrna times., 1878-12-11

THE JURY OF TwELyE.-WE have on a former occa-
sion referred the subject contained in the above
heading and briefly to it again it seems to be
claiming share of the public mind 1t has of late
received prominent attention in different places, but
lore especially in California where convention to
adopt new constitution have changed from the
whole twelve to three quarters of panelled jury to
render necessary verdict except in of felony
The subject has engaged the attention of many of
thinkers long time and the reason why change in
our statutory law has not been apparent is the
long and firm hold the system of absolute unaminity
has prevailed 1t dates back many ages and its great
strength grows out of the feeling born of liberty
against the absolutism of the old kings Of being tried
by your in similar walks and situations in
life. The great magma chGrtG wrung from the Barons
has nothing in it more cherished by the Anglo Saxon
mind than the right of trials by Jury. While GER
ainly the great boon it held to be in the earlier
ages it is not by any means more absolutely right
than the fiat" of the king absolutely wrong.
But where it requires that twelve shall come to
unanimous decision any one of the twelve is equal
in power to the other eleven it is not the buwark in
the defence of right it is supposed to be. Nor can
any plan however skillfully devised, be where one
bad. contrary, malevolent purchasable man can
defeat eleven good ones. AS society is, in rural
districts where people have little opportunity to book
up" on legal points, in the cities where the court
living by being in the legal market there is prob
ability of injustice being done by such jury than by
bench of intelligent judges But this is not the point
at issue The jury is and has been the accepted mode
of deciding the guilt of criminals nor is it likely to
be ever set aside. We speaking of a modification
that would improve it in the interest of justice ThC
difference in the constitutional temperament of mer
some dull and others quick some tender-bearte(
and other the reversemakes it wonderful that twelve
tirely the personal, political financial and other in
fuences that may be brought to bear hinder justice
Men who havnt strong moral convictions, (and thi
will apply to one half of them) easily influences
in the prisoners behalf especially if his offence be
violation Of the moral statutes. JURORS business
70 be governed by testimony brought out in the Trial
not outside information feeling yet the latter ha
been &. Trimming factor in settling many case
thc political or eloquent power of a.
attorney and as an example of this we have but to
back a little to the instance where a negro wa
deliberately murdered and skinned to aid in an al
parent financial fraud and the perpetrator was cleare
of the crime. trial of murder is on record whel
ajury stood eleven for conviction and one for acqui
tall and the juror who stood alone afterwards col
fessed that he was the murderer.
This case may be said TO be an argument ON Il
opposite side, but may be fiction dating back ov
hundred years. and is 50 exceptional that wha
ever point there is in it is against the system itse
rather than the manner Of working it. Sometim
jurors are convinced Of the guilt of prisoner whC
the evidence does not prove it. The Scotch have
very convenient way Of escape for a jury in SUI
cases by the courts allowing verdict of IN
proven" As the jury method Of trials for justice
certain TO be the approved mode we hope for t
reasons stated above, that the unanimous verdict
twelve may be changed to three fourths of tn
number. believing it would bo a very importa
step IN the interest Of justice.