Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1879-07-30
Objections to the Jury System.
j. II. Hopkins in Albany Journal.

Why should not the majority control
In law as IN polltics-ln jurles rs In APP
| pellate courts? Too often some foo! or
knave will find place on the jury, who,
| from intellectual incanacity or from
pecuniary considerations, will be faith
ful unto death" and prevent verdict.
TRIAL by jury has become such a lottery
| that 1t has gwen rise to this maxim: IF
! you have strong case, try II before n
judge or referee; if you have weak
case, try it before jury Might not
incompetency be avoided and justice
more surely obtained by committing to
the judges the decision of questions Of
facts as well rs questions OF law?
This would necessitate an 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
III order TO act as jurors, It it were com
puted would be sufficient to pay for
seven judges at every court. Win it
| cost more TO buy n judge than n juror?
The judge is dependent upon the peo-
of that service, the honor Of the Office,
the responsibility of the position, the
fear of detection and DISGRACE, all tend
to render nm iHvuinerable TO bribery
and TO place him above Suspicion. If,
however, rs Is sometimes the case, n
man of low character is raised to the
bench, and ls induced to sell himself
he at least sells himself dearly. On the
Other hand, Il juror can often be bought
for few dollars, and the purchase OF a
juror defeats justice as completely AS
the purchase Ola judge.
The jury system, MS 1t now exists, is
beneficial to only two classes-profes
sional 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 EN-
ploy them with tenacity which insures
victory. Men OF the second class exist
by reason of the system. They pilot
weak case into the harbor OF success
on the waves of talk. They are guilt
less of sound reasoning; but they under
stand how to play upon the jury and
draw forth whatsoever music they
please. Their existence proves the de-
tects of the jury system. Before the
higher courts they are powerlesS, for the
higher courts are swayed by logic rather
than language, while the jury regards
logic with the same feelings which the
devil is supposed to entertain concern.
ing holy water.
The jury is the clown of the law. 1t
is constantly inventing new and ingen-
ious tricks for the evasion of duty. 1t
is the patron of the joke called tempo
rary insanity, and the author Of num-
berless other tests Of like character. 1t
is Il never-faillng source of amusement
to all except It's victims. There is moth
ing certain about it but its uncertainty
1t has been sneered at and satirized,
and lampooned and caricatured. judges
have snubbed it, and,legal wits, like Cur
ran, have riddled 1t with sarcasm IN
open court. Yet mistaken conserva.
tism suffers it to continue its laundering
way unchallenged.
Yet such ls the reverence for antiqul-
ty that any change or improvement in
the jury SYSTEM is, to say the least, I'M
probable for many years to come. 1t
has gained too great reputation as the
palladium of liberty" to be hastily
abandoned. But the reverence due to
long-establishcd institutions ought not
to degenerate into blind worship. How
ever venerable system may be, those
defects which mar it should be eradlca-
ted, and if it is wholly bad it should be
abolished. Judge it fairly, then. Crown
it for what it has been; cruelty it for
what it is.