The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-07-10
TRIAL BY JUaY.

q free go7erumt IL is the eXeTcis
By the people 81 one branch of su
preme power. When We say i
POUNDS or upholds it, we pat the e1ec
for the cause, But suppose its value
for the conservation of liberty in th'
past were admitted, it does not fol
low tea. it is needed now for Ike
purpose. Officials are poWerless be
You'd constitutional limits. Judges bJ
toe tenure OF their Office are beyond
the influence of the exe cutive noEer,
and generally OF the ballot-boX. The
end nov to be sought is that the Law,
as the expressed will OF the people,
should be everywhere and always
supreme and uniform in its admin
istration.
And so we come TO this vital ques
tion:. Is justice according to fixed
rules of law more likely to be attained
oy our present system, or by one in
which both fact aud law are settled
by the court without the Intervention
of q jury?
In cases in which we may assume
that jurors would have no bias, it is
obvious that they are greatly liable to
error from the want of proper qusli-
tcatiens for the work they are to do.
1t vas foundin the beginning that the
worlds work could not be done with
cut special preparation for special
duties. Our nelghbor may be q great
man, but Ne do not call upon him to
Get Q broken limb unless he has had
the training OF surgeon. Much "a
We may esteem our physician. We do
not ask his advice when a claim is
set up to the estate We inherited and
supposed our own. We never go to
the shoemaker for q coat, nor to our
tailor for boots. In our late war, We
sometimes. when smarting under de-
feat, talked wildly about military
genius and West Point machines;
bat In the end the value of military
education was splendidly indicated,
while the civilians, who early in the
war, by political influence or other
wise, obtained independent COM
mands in the army, for the most part
failed miserably, involving the coun-
try in vast loss and suffering. The
average iuryman is unaccustomed
to continuous thought. He has never
learned by practice to weigh and
compare evidence, nor to Judge OF
the truthfulness of witnesses. In
protracted trials it is impossible for
ham to carry the testimony in his
memory, or to aid bis memory ef1ec.
lively by notes. At the close of the
testimony the court instructs him in
the Law applicable to the case. and
then it becomes his duty to make Hp
his verdict by applying as b St be
may legal principles often imper-
fectly understood to testimony i'm
perfectly remembered. We should
not set man to cultivate q farm or
make a shoe without practical &C
quaintance with his work, We should
expect nothing from him but failure.
il bis preparation had been only a |
lecture or common course of lee
lures. And yet We set jurors to the
performance of the most responsib BILE
aud difficult OF all duties, with such |
and aid only az they can
rece We from the arguments of the
lawyers and the discharge OF the
court.
Again, the juTymsn is impressed |
into the service. Often he brings
with him the cares of the business
from which he was taken; and il
anxiety about the harvesting, the |
notes that must be paid before the
banks close. or the conduct of the
boy who thinks EPSON sslts mesns
oxalic acid distracts his attention,
be will console himself by the rehec-
ton that his responsibility is shared |
by eleven others.
On the other hand, the Judge brings |
10 toe wotk a mind disciplined by
years of study, followed by years OF
study ana practice. His knowledge |
Of law enables him to see what facts
are to be proved, and on which OF the |
parties rests the burden OF proving |
them. and 80, az each witness delivers
his testimony. to appreciate its pro-
bativs value. Practice has taught
him to read witnesses. For him not |
words only, but the manner, the tone,
the gesture, the countensnce, have
force and meaning. he is not likely |
TO be misled. He has opportunity to
take full notes, il need be, and after
wards to revise and compare the |
statements of witnesses. The duties
Of his Office are bis work. His stten.
lion is not distracted by outside cares.
So much for the relative capacity
Of judge and jury 10 administer
ustice. Atlantic,