The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-08-07

WHAT The BAR IHlNhS VI HE fioiOSf.D iNF'"-
vATIoN-ANTlQUITY OF THE PRESENT sYs'
TEM-H0w THE LAW LOOKS AT VIEWS OF
PROMINENT LAWYERS.
[Philadelpha Press.l
In their opinion that the present jury
system has outliyed its usefulness the gen.
tlemep COMPOSING the last grand jury hard
| ly seem to be sustained by the Philadelphia
bar. Their views, already given in these
columns, but reprinted for the sake of PIE.
serving the connection, are as follows:
cit may not be in the province OF the
grand Jury to present the faults OF the petit
! jury system, but when one Juror out OF
Twelve can, either cOnscientously or other
wise, obstruct the course OF justice, II does
seem that the system has outlived It's USE
| iulness. We would recommend that the
petit Jury should be increased In number TO
seventeen or twenty. one, and that major
ity of the whole should find a verdict. This
system works admirably with the grand
! iury. We would further say that IL 1t re-
1uired unanimity for a grand jury TO find a
true bill it would he almost Impossible TO
punish crime"
The last grand d" does not seem to per-
ceive that there is an essential difference be-
tween the work Of grand jury in finding
that there is evidence enough to justify q
trial and that OF petty jury in finding that
said evidence is sufficient both in quantity
and quality 10 justify conviction. The
theory OF the law, in justice remembering
mercy, is that it were better a score OF
guilty men should 90 scot free than that one
| innocent man should suffer. The jury as at
present constituted can be traced in some
shape far back into the early history OF Eu-
rope. Greece and Rome bad similar
methods of legal procedure. Among the
Teutonic aud scandinavian tribes modes OF
trial essentially similar TO the present pre-
vailed from remote antiquity.
Among the Normans the plan proposed
by the reforming grand jury seems to have
obtained for time and in Scotland, by a
statute passed during the present reign, If
unanimity is found impossible after three
hours deliberaton, nine OF the twelve ju-
rymen may return verdict; but Scotch
law, as everybody knows, has its own Pc
culiarities. The theory OF the English
law, however, undoubtedly requires una-
nimity in the twelve men, assuming that
they know the value OF an oath, and
making no allowances for corrupt practices
or preconceiyed conclusions. Once sworn
TO try the case and bring in verdict ac-
cording to the evidence, the law demands
unanimity on the part or the iurymen, and
without it-without such evidence as NAV
force conviction on the minds OF twelve
impartial auditors Of the case-refuseS TO
put any man in peril OF life or liberty.
Several members OF the bar were ques.
toned yesterday upon this point, and,
without exception, disseuted from the views
expressed BY the late grand jury, and de.
fined the legal aspect Of the matter as il Is
given above. Hon. Richard VauX sug'
pested calling q town meeting, that the sat
i,iactory character OF the majority might be
increased BY numbers, and added that the
views referred to were only such as might
have been expected from number OF Wor'
thy gentlemen called from the ordinary
walks of life and possessed Of only very
limited acquaintance with the principles OF
law.
William p. Messck, Esq, though more
induloent to the vsgaries OF the grand jury
men, unhesitatingly affirmed that the law
demanded the entire unanimlty OF all the
twelve before accepting evidence rs affecting
liberty or life, and Christian Kneass, Esq.
denounced the proposed innovation as sim
pIy preposterous and in direc: cOntraventior
OF the philosophy OF English, and, there
fore, OF American law. Other mem
bcrs of the bar agreed with The
above. though it is stated that the grand
iurymen have On their side at least on(
OF the Judges. This gentleman being
like many OF his learned brethren, out Of
town, an interview with him was found tC
be unattainabe, but it is understood thai
he regards with favor the Caledonian sys
, TEN, which, however, differs in several re-
spects from that affected by the members Of
the late grand jury.