New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-05-15
TRIAL BYJCRY AND THE TRIALS OFJURORS

TRIALBYJURYAND THE TRIALS OFJURORH.
Few recent criminal cases have excited such
wide comment a. the Smith-Bennett murder
trial which was reOpened Monday. Fortunately
the popular interest in the lsnOt of that morbid
quality which tho mysterious horror of the crime
would naturally engender. Indeed the crime and
the criminals had almost dropped ont Of notice
when the sudden arrest Of the processes OF law,
which usually move forward toward their deterni-
nation as steadily and relentessly as the forces Of
nature, revived public interest in the case. Some
peculiarties of our jury system have been brought
out into view by the untimely dethronement Of one
mans reason; and the complications, delays and ex-
pense which this visitation has occasiOned have
led to the inquiry whether there IS any reason
why the results of such an accident should, Of
necessity, he so serious. Confusion of this sort is
fortunately n rare occurrence in our courts. But
Jurors arc always subject to disease and accident
and DEATH and is il not worth while to be fortified
against these chances7 No doubt trial by jury Is
a "bulwark OF liberty and all that But there GER
any is no such peculiar sanctlty about the details
- the system as it exists, that any suggestion Of
change or amendment should be con-
sidored n sacrilegs. In an emergency like
this, for example, would there be anything
monstrOus in accepting the c0nsenting verdict
OF the eleven men who retained their reason as
answering tine ends Of justicc' Eminent pub
cists have maintained that verdict of two-thirds,
or of a majority, should be substituted for the
present practices; and it is wisely urged
that unanimity is often a fiction which only
means that the majority, after long
lookup have harried a wornout minority into an
agreement contrary to their real judgment But
this question aside, why should we continue to hold
the number twelve in such special veneer
alton. We know that in the old Saxon
laws there was always a reverence for
the decisions Of round dozen or two dozen or
three A partialty for this number, too is found all
through the polity aud jurisprudence Of the Sean
dinavIan nations where twelve chosen men elected
kings and civil officers and leaders of armies, and
captains fnayies and jury of twelve good wives in
vestigated the suspicious Of jealous husband But
even if we adhere to the traditional number as the
proper complement for juries, civil or criminal,
there is nothing essentially sacred in the exact
figures. Whether it would not be safe and prudent
therefore to clothe the courts by statute with some
discretion to proceed with short jury under certain
circumstances IS plainly question worth consider
ing. If there are objections to a trial COM
pleted with eleven jurors, there are also evils,
and serious ones, growing out of the summary
breakup of judicial procedure without any result
beyond calling public attention to one more ele-
Of the advantages of the Jury system, its reflex
influence upon the juror has always been recognized
as among the highest. Every time man
serves as juror, he secures, it is held prac-
teal schooling in some of the fundamental
duties of citizenship. He is not only taught his
rights, but his sense OF responsibility is enlarged.
lie not only gains a realizing sense of the need of
law and order and government which admins
ters justice, but he is personally connected
with, and takes an active share in the
exercise Of one of the highest functions Of the
State No doubt this is all true in spite of the fact
that the average juryman, from one
another, is not liable to avail himself of his
educational privileges to their full extent. The
thoughtful citizen who finds himself elected to the
enjoyment of this valuable tuition Is always
astounded at tho way in which the bulk of
his fellows set themselves about applying the
subtle distractions OF law, to the reali-
ties of life His respect for his fellow-creatures
is not enlarged He is annoyed and disgusted and
begins to wonder whether the educating influences
of Jury services are not offset by positive tor
ments to which he is subjected The con-
scientous man who listens and weighs evil
dence through long and complicated trial
and decides where large interests and perhaps
human life are at stake, often goes through his
duties under the torture of physical and mental
suffering If SUMMONED once in his life to the I'M
usual strain Of deciding, in capital case, whether
the prisoner at the bar is guilty or
not guilty, no questions whether society
has right to demand of him such trying
service. Few men would voluntarily set out to
secure liberal education in the duties of
citizenship at the peril of being driven
crazy. ~ was the New-Jersey juryman the other
day. As between the average criminal without
much conscience TO speak of and the worthy juror
with rather more than his share of it, the crimi-
nal is liable to derive little the most comfort out
of n trial III which both are interested.
The admirers OF NT. Thomas Paine propose TO erect