The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1881-07-02

,une that jurors would have no bias. il
is obvious that they are grrati, liable 10
error from thr SAINT ot proper qtiuii;ir;l-
i.oi, for tie wori, obey are To do. 1t
was luund in III" beginning that thc
worlds work could not be done without
special preparation for special duties.
Cur uri,:I,hur may be a great man. but
W. do not call upon him 10 set broken
limb unless he has had the training OF
surgeon Mach rs we may esteem our
physician. We do not ask his advice when
4 claim is set up Ia the estate "" Inherit
cd and supposed oar own. We never 20
tailor fur boots. In our late war, We
sometimes. wlI"t' >rnartiug under defeat
talked wildly about military genius and
West Point machines: but in the end The
value of military education was >prn-
didly vindicatcd. while the civilians. VIII"
.carIF IN She wan, by political influence or
Otherwise, obtained independents com
mauds in the army for the most part
faded miserably. involving tic country
in vast loss aud suffering. The average
iurymau is unaccu,tomcd TO continuous
Thought. He has never learned hy prac-
ice to weigh and compare evidence, no"
"a nudge OF the tluthiUiucss Of witnesses.
IN rrotlactcd trial, it is Impossible for
linn to carry the testimony in his mem
IL; L. 1,,-
notes. Vt The close OF the testimony
the court iustructS him in the law app'i-
cable to the ease. and then it becomes
his duty to make up his verdict by apply
i2.s AS hes; he may legal principles often
imrericctlv understood testimony i'm
! perfectly remembered. We should not
SET a man to cultivate Il farm OF make 4
shoe without practical acquaintance with
his work. Ne should expect nothing
from him but failure. il his preparation
had been only lecture OF 4 course of
lectures. And yet we set .iuro, to tic
performance Of the most responsible and
diAicnlt of all duties, with such prepare
ton and aid only as they can receive
from the arguments Of the lawyers and
the charge of the court.
Again, the .iurytn&u is impressed into
the service. Often lac G!jngS with him
the cares ut lie business ironi which lie
was taken: and if auXjCty about the i,':-
vcstin@. the notes ;lat must be paid lie
fore the banks close. OF iio conduct of
the boy who thinks EPSON sails means
oxaic acid distracts his attention, he
viii console himself by the reflection
tlat his responsibility is shared by eleven
others
On the ether ilami. llIe judge brings
to the work a nr;ud discipline; by years
of study. followed by years OF study and
practice His knowledge of law enables
him to see what facts are to be proved.
and ON which of thc parties rests the
burden of proving them. anA 50. as each
Witness delivers his testimony. 10 &ppTe-
ciatc its probativc value. Practice has
. taught him to read witnesses. 70. him
not words only, but the manner. the :Gle.
the gesture, the countenancc have force
and meaning. lie is not likely to be mis-
led. lie has opportunity TO take full
Il otes. if need he. and afterwards 10 re
visJ and compare the statement, Of Wit
nessess The duties Of his Office are is
work. Ills attention is not distracted by
outside cares
- much for thc relative capacity OF
Judge and jury tn administer Justice.
let as hook next t" their relative induce
mcntS to fidelity.
We assume tina, their scno,, vt duty.
mans highest motive. viii he equal
This motive. however, with most men
may be usefuiIy reinforced by others less
worthy The individual juryman ncithc.
wins nor loses good name on fame by the
ycrjlcts of tribunal of which he is 4
twelfth part. His brief term OF Office
| over lie returns to his business, and Nc
one except the parties knows or cares
what are the merits OF the vcrdictS OF
the twelve. much less af iiie part i'll them.
He need not give reasons for iis votes III
the jury room. # he will. he can, with
out restraint or ccuSurc, act from piYuc,
prejudice or sympathy. On the Other
hand, tine Judge has Il reputation tc
make or mar Usually he gives the rea-
sons for his DEGREES, and the law may re
quirc him always to do So. lie alone is
responsible. He cannot afford to he nee,
ligent or hastv. or to found judgments
upon Insufficient grounds.
The probability Of attempts to inhn.
cnca tribunal by unlawful means will
be in proportion to the danger and tie
chance of success Bald bribery il per.
ilous and therefore umusIal: but there
remains u wide range Of other influences
that may be brought 80 bear upon tn,
iurvmam. without risk. and hopeful. Hi
residence and place "f business axe easily
asccrtainrd; and = party willing to ap
proach him viii have no great difficulty
in becoming acquainted with his weak
neSScs. wants. and preiudices. Consider
ium the material of which imieS are
made. ii is at least somewhat prObab!t
that frequently some one or more OF the
twelve may be found controllahIe by
other mcauS than those used iii the pres
cuce Of court Indeed, it is quite fs.sSi
bic that iuryman may be thus >waycc
without consciousness OF wrong. Sine,
the practice of lobbying legislators il
matters of private iNtoIrSt has come into
Use. there has groWn rp 4 lnoSCNCSS {"
thinking uu such subject, tilt did Hot
ryist before If a railroad c"lr"i'ai ol
iI:.t seeks from the public 4 grant .
land or Il right Of way may without sean
dial rive the railway committee free tick
cts. or invite them to dinner, or pres!
their claims on IL. members outside Tho
committee runn why not use similar III
Aucmcc with jury: 1t is difficult L
see the distinction between the trihuna
that is 10 determine whether & corpora
lion shall br authorized t" take As lanc
AGAINST his will and the jury thai i Il
Determine how much he is to be paid 70
il: between a committee that is to dccid
how much the State owe, il and the .Inr,
that IS to decide how much { owes him
No doubt the danger is considerable
that Justice may thus suffer Shipwrccl
in the hands Of jurors: is it less viii
| iUd res