The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1881-07-08
TRIAL BY JURY.

Trial by jury proves the existence of
free government; it is the exercise
by the people of one branch of supreme
power. When we say it POUNDS OF up
holds it, we put the effect for the cause.
But suppose its value for the conserva-
ton of liberty in the past were admit
ted, it does not follow that it is needed
now for the like purpose Officials are
powerless beyond constitutional limits.
Judges by the tenure Of Office are be-
yOnd the influence Of executive power,
and generally Of the ballot-box. The
end now to be sought is that the law,
as the expressed will of the people,
should be everywhere and always
supreme and uniform in its admins
| tratiOn.
And so we come to this vital ques-
ton: Is justice according to fixed
rules of law more likely to be attained
by our present system, or by one in
which both fact and law are settled
by the court without the intervention
of 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 qualifi-
cations for the work they are to do.
1t was found in the beginning that the
worlds work could not be done with
out special preparation for special
duties. Our neighbor may be a great
man, but we do not call upon him to
set broken limb unless he has had
the training of surgeon. Much as
we may esteem our physician, we do
not ask his advice when claim is set
up to the estate we inherited and sup
posed our own. We never go to our
shoemaker for a coat, nor to our tailor
for boots. In our late war, we some
times, when smarting under defeat,
talked widely about military genius
and West Point machines; but in the
end the value of military education
was splendidly indicated, while, the
civilians, who early in the war, by po-
litical influence or otherwise, obtained
independent commands in the army,
for the most part failed miserably in
volving the country in vast loss and
suffering. The average juryman 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
him to carry the testimony in his memo
ry, or to aid his memory effectively by
notes. At the close of the testimony
the court instructs him in the law ap-
plicable to the case, and then it becomes
his duty to make up his verdict by ap-
plying as best he may legal principles
often imperfectly understood to testi-
mony imperfectly remembered. We
| should not set man to cultivate
farm or make shoe without practical
acquaintance with his work. We
should expect nothing from him but
failure, if his preparation had been only
lecture or course Of lectures. And
yet we set jurors to the performance
of the most responsible and difficult of
all duties, with such preparation and
aid only as they can receive from the
arguments of the lawyers and the
charge of the court.
Again, the juryman is impressed into
the service. Often he brings with him
the cares of the business from which
he was taken; and if anxiety about
the harvesting, the notes that must be
paid before the banks close, or the
conduct of the boy who thinks " EPSON
salts means oxalic acid," abstracts his
attention, he will console himself by
| the reflection that his responsibility is
shared by eleven others.
On the other hand, the Judge brings
to the work 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 the burden of proving
them, and so, as each witness delivers
his testimony, to appreciate its proba-
tive value. Practice has taught him
to read witnesses. For him not words
only, but the manner. the tone, the
gesture, the countenance, have force
and meaning. He is not likely to be
misled. He has opportunity to take
full notes, if need be, and afterwards
to revise and compare the statements
of witnesses. The duties of his Office
are his work. His attention is not dis
tracted by outside cares.
So much for the relative capacity of
Judge and jury to administer justice.
July Atlantic.
Parties having their auction bills printed
o. thie ofTioa rC;N hovn their ealea noticed in