The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1879-08-22

AN ABLE ATTACK ON THE JURY SYs-
TEM.-J. III. Hopkins writes in The Alba
ny Law Journal: Why should not the
majority control in law us in polticts-in
juries us in appellate courts ? Too often
some fool or knave viii! fiud place on the
jury, who, through the intellectual opacity
or from pecuniary considerations, VIII BIZ
"faithful until death" and prevent n ver-
lottery that it has given rise to this maxim:
IF you have q strong case, try it before a
judge or referee if you have weak case,
try it before u jury" Might not insompe-
tencv be avoided and justice more surely
obtained by committing to the judges the
decisions of question OF fact as well as ques
tions Of law?
This would necessitate an increase in the
number of judges, but to this there could
be no 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 us jurors, if it were computed, would be
found sufficient to pay seven judges ut ev-
cry court. 1t will cost more to buy judge
than a juror? The judg, is dependent
upon the people he is their servant, and
the dignity Of that service, the honor Of
the office, the responsibility of tho position,
and the fear Of detection and disgrace, all
tend to render him invulnerable to bribery
and to place him above suspicion. If, how
ever, us is sometimes the case, q maa Of
low character is raised to the bench aud is
induced to sell himself, he at least, sells
himself dearly. On the other hand, "a
juror eau often be bought for few dollars,
and the purchase Of juror defeats justice
as completely as the purchase Of judge.
The jury system, rs it now exists, is ben
cfcial to only two classes-profcssional ju-
rors and jury lawyers. Men Of the first class
owe to it sheir subsistence and when placed
upon the jury maintain the cause of thoses
who employ them with atenacity which en-
surcs victory. Men Of the second class exist
by reason Of the system. They pilot weak
case inte the harbor of success on waves
of talk. They are guiltlcss Of sound reas-
oning; but they understand how to play up
on the jury and draw forth whatsoever mu-
sic they please. Their existence proves the
defects of the jury system. Before the
higher courts they arc powerlcss for the
higher courts are swayed by logic rather
than language, whilo the jury regards logic
with the same feelings which tho devil is
supposed to entertain cenccring holy water.
The jury is the clown of the law. 1t is
constantly inventing new and ingenious
tricks for the evasion of duty. 1t is the
patron of the joke called temporary i'll.
sanity and the author Of numberlcss other
jests of a like character. 1t is a never-fal.
ing source of amusement to all except its
victims. There is nothing uncertain about
it but its uncertainty. 1t has been sneercd
at and satirizcd and lampooned and carrica
! tured. Judges have sDnbDed 1t, ana Iegui
wits, like CLrran, have riddlcd it with sar.
casm in open court. Yet mistaken con
scrvatism suffers it to continue its blunder-
ing way unchallenged
ct such is the reverence for antiquity
that any change or improvement in the jury
system is, to say the least, improbable for
many years to come. 1t has gained too
great reputation as ''thc palladium cf lib
crty' to be hastily abandoned But the rev.
crcucc due to long established institutions
ought not to degenerate into blind worship.
flo scver venerable system may be, those
defects which mar it should be eradicatcd,
and if It'll. wholly bad it should DO abolished
Judge it fairly then. Grown it for what it
has boon ; cruelty it for what it has been.
The BASIS OF THE CIVIL SABBATH
These are some of the grounds upon which
it rests
First-Every human being, by the ne
cessity Of his nature, needs rest of one
entire day in seven, added to his nightly
rest in sleep, for the restoration of strength
exhausted by the labors and cares of six
successive days. ellis very heart and flesh
cry out for it," The free citizen has the
same natural right to be protected by law
from the disturbance on his weekly rest day