The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-07-10

Why should not the majority control II
law as well as in politics in juries asin ap
pellate courts? Too often some fool o
knaye will find a place on the jury, who
through intellectual opacity or from pecu
MARY considerations, will be faithful I'm
to death" and prevent a verdict. Trial BY
Jury has become such lottery that It hal
given rise to this maxim: at you have {
strong case, try It before u Judge or re
fierce; II you have a weak case, try II be-
fore a jury" Might not incompetency be
avoided and Justice more surely obtained
by committing 70 the judges the decision
Of queSti0nsoi fact rs well as questions by
law2
This would necessllate IN increase in
the number Of Judges, but to this there
could be little objection. The amount Of
money actually expended every year for
jurors and the amount lost by those who
are forced TO neglect their business in
order TO act as jurors, II It were computed,
would be found sufficient to pay for seven
judges OF every court. Will II cost more
TO buy Judge than juror? The Judge
IL dependent upon the people; he is their
servant, and the dignity OF that service,
the honor OF the office, the responsible.
ties Of the position, the fear Of detection
and disgrace, all tend 10 render him inVul.
nerable to bribery aud to place him above
suspicion. II, however, as 1t sometimes
the case, man oil low character Is raised
TO the bench and Is induced to sell him.
self. lie at least sells himself dearly. On
the other hand, Juror can often be
bought for a few dollars, and the purchase
Of a juror defeats justice as completely as
the purchase Of a judge.
The jury system, as 1t now exists, Is
beneficial to only two classes-professiohal
jurors and jury lawyers. Men OF the FIRST
class owe TO 1t their subsistence; and,
when placed upon the jury, they maintain
the cause OF those who employ them with
a tenactty which insures victory. Men Of
the second class exist by reason Of system.
They pilot weak case into the harbor OF |
success on waves Of talk. They are guilt
less Of sound reasoning; but they under
stand how 10 play upon the jury and draw
forth whatsoever music they please. Their
existence proves the defects OF the Jury
system. Before the higher courts they arc
powerless, for the higher courts are sway
ed by logic rather than language, while
the jury regards logic with the same feel.
lngs which the devil Is supposed to enter
tain concerning holy water.
The jury Is the clown Of the law. II Is
constantly inventing new and ingenious
tricks for the evasion OF duty. Il Is the
patron OF the joke called Temporary in
sanity" and the author Of numberless
other jests Of like character. 1t is a
never-tailing source OF amusement TO all,
except It's victims. There is nothing Ger.
lain about i but its uncertainty. Il has
been sneered at, and satirized, and lam.
pooned, and caricatured. Judges have
snubbed 1t, and legal wits, like Curfan,
have ridicnled 1t with sarcasm in open
Court. Yet mistaken conservatism sui.
tars It to continue its laundering way un-
challenged.
Yet such is the reverence for antiquity
that any change or improvement in the
Jury system is, to say the least, improba.
BILE for many years to come. 1t has gained
90 great a reputation as "the palladium
81 liberty" TO be hastily abandoned. But
he reverence due to long established ms
.itutions ought not to degenerate into
blind worship. However venerable sys-
:em may be those defects which mar it
should be erndicated, and II it is wholly
Dad itshould be abolished. Judge it fairly
hen. Crown it for what it has been: cru
lily it for what it is u. II. Hopkins in A.
ANY Lar Journal.