The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1881-07-23
Trial B Jury.

holds ", we put the enoct TOT the catSe:.
But suppose its value for the conserva:
ton Of liberty in the past were admittedI,
it does MOI follow that it is needed now,
for the like purpose. Officials are powers-i
less beyond constitutional limits. Judges
BY the tenure of Office are beyond the
iniIucsscs of executive power, and gen
orally Of the ballot-box. The end nows,
to be- sought is that the law, as the ex. !
pressed will Of the people, should be evli
erywhere spd always supreme and uni
form in its administration. 90. .
+ And so we come to thi, vital question::
Isjustice' according to fixed rules of law !
more likely to- be attained by our present
SYSTEM. or w one in which b tn fact and
law are settled by the court withou: the |
Intervention Of jury?
In cases in which we may assume that
jurorsswould' have no bias, it is obvious
that they are greatly liable to error from
the want'of proper qualifications for the
work they are'as do. 1t was found in
the beginning that the worlds work
could not be'dbne without special prep.
aration for spseial duties. Our neigh
bor may be a great man, but we DO not
call upon him,tUsst a broken limb un-
less he has hadtse training of surgeon
Much as we NAV 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 60 to
our shoemaker for a 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; but in the
end the value of military education was
splendidly' vindioaed, while the civil
ians, who early, in. the war, by political
influence or otherwise, obtained indie
pendent commands in the army, for the
most part failed missrably, involving the
country in vast loss and suffering. The
average juryman' is unaccustomed to
continuous thought. He has never
learned by practice to weigh and COM
pare evidencey nor to Judge of the truth.
fulness Of witnesses. In protracted
trials ID is impossible for him to carry
the testimony in. his memory or to aid
his memory effectively 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 up
his verdict by,applying as best he may
legal principles often imperfectly under
stood to testimony imperfectly remem-
bered.: Wc,should not set man to cul.
tivate q farm, or make shoe without
practical, acquaintance with his work.
We should expect nothing from him but
failure, if his preparation had been only
a lecture or.a.oourse of lectures. And
yet we set jurors to the performance of
the most responsible and difficult of all
duties, with. such preparation and aid
orly as they can receive from the argu-
ments otths'lasxyers and the charge of
the couut.. ' 40 ....
Again, the juryman is impressed into
the, services. Often he brings with him
the cares of the business from which he
was .takea;: and if anxiety about the
harvesting, tho notes that must be paid
before. the. banks close, or the conduct Of
the boywho, thinks ''epsom salts means
oxalic aoidr' abstracts his attention, he
will console. himself by the reflection
that his responsibility is shared by eleveu
others.
Ga, the other hand, the Judge brings
to the work q mind disciplined 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 the parties rests tn,
blrdbn Of proving them, and 80 on,.aa'
each witness delivers his testimonNst
appreciate its probative value. Frao
! tics has taught him toread witnesses
. ;Non him not words only, but the man
: her,. the tone, the gesture, the co,,nte
nance, have force and meaning. Hell
i MOI Likely to be misled. He has oppos
fItunity 10 take full notes, If need be, an
. atterwsrds to revise and compare, th
g. statesAents of witnesses. The duties q
J his Office are his work. Hia attention,
9 not distracted by outside cares.
Il So much for The relative capacity'a
:, Judge and Jury to administer jYatioa.-
+ Aaas.ic MONTHLY r.
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