The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1879-01-18
THE TRIAL BY JURY.

The Wheeling Register, of the 4th
inst, contains an editorial on the
subject of trial by jury, which we
are inclined to think strikes in the
right direction. In speaking of the
trial by jury in cfyda cases, the Reg
isfer says:
'sNow, the delay and trial by jury
are parent and child. The former is
the legitimate and unmistakable off
spring of the latter. 1t is first getting
an acceptable jury at the right time
that induces both parties to go to
trial. It is then, long opening
speeches in behalf of plaintiff and
defendant, in order that the jury
may understand the application of
the law to the case. 1t is then
long, tedious and Fictitious plmping
of each witness in order to impress
the unsephisticated jury. They
must then have minute instructions
from the Court; and last, but not
least, they must be harrangued for
days, if not weeks, in order that they
may forget what they have heard,
andshear what they ought to forget.
Then, as G rule, if the case is i'm
pertant and expensive, they return to
say they A'can't agree
The expense Of litigation also is
,chargeable to the same source. De
lay is expense, and the jury is at the
ebottosn of both. The fees to officers
for sammoning; the fees to jurors
themselves for attendance; to say
nothing about the loss and inconye
nience to business men in serving as
jurors, are all items of burden and
loss to the whole people.
To do this there is no constitution
al amendment, repeats or revIsions
necessary. Trne, the Constitution
gives every 1san right to trial by
jury, bat Let the Legislature simply
enact that he shall pay for the right
that the party demanding jury in
a civil case shall have the cost of it
taxed against ham-or in other words,
treat it rs ether kindred evils-''tax
at out of existence"
There has been an immense deal
grumbling about the County Court
wasting the time and money of the
people in vain efforts to try cases.
If scrutinized particularly it will be
found that most Of this complaint
comes from sore-headed politicians,
who are anxious to change the Court
system 20 as to make more Circuit
Judgeships. And if the County
Courts were abolished, and all cases
taken to the Circuit Courts, it would
then be discovered that trials in the
Circuit Court are as long aud tedious
and expensive as they are IN the
7 County Courts. We have always ta
vored a County Court, with one
Judge instead of three, for trial Of
causes, so that chancery and probate
business might be more rapidly and
intelligently dispatched-but with
this exception the County Court is
vastly preferable to the old plan Of
Circuit Judges, and the LOG rolling
Supervisors, and we are not certain
but if the matter were submitted te
the people to vote upon, they would
by handsome majority sustain The
much.abused County Court, as it is
now constituted.
With the jury law modified as sug
gested by the Register, the County
Court is good enough. To see where
the fault really lies, we have but tx
look at the last term of our County
Court. The cost Of jurors alone wal
$43930. The work of these able
bodied jurymen, for which they re
ceived the above sum, was the trial OF
two trifing cases. In one case they
found O verdict for $40, and in tn
other they failed to agree, and it i
said that the case in which the yer
dict was rendered will be appealed Il
the Circuit Court. The County woult
have saved at least $500 if tn
amount in controversy in both thes
cases had been paid out of the Coun
ty treasury, and the jury left at hom
to attend 10 their own business.