The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1881-01-20
AN ADDRESS TO THE JURY.

4
| You have been summoned from differ
Mt parts of this county to attend at this
ERIN to pass judgment upon such ques
sions of fact as may be submitted for
Your consideration.
| The duties which will devolve upon
| you are of high importance aud their
proper performance demands good iudg
nent, honesty and fidelity.
In the mode provided by the statutes
IF this state you have been selected from
'mong the great mass OF your fellow citi-
zens. because you are believed to be
possessed of the qualifications required
~ law and are of approved integrity, fair
character, If sound Judgment and well in
| formed. Such is the standard required
q persons in this state to qualify them tu
serve as jurors and | take it for granted
from your presence here that each one
| If your number is possessed of all these
| qualifications. Furthermore, I assume
rha5 you are DESTROYS of discharging your
Important and responsible duties proper
| y and in such manner as to promote the
ends of justice.
Coming here as you do, possessed OF
| he necessary qualifications to serve a.
| jurors, it is expected that nothing vii
| occur TO incapacitate you from sitting il
The trial of any cause on the calendar
| To prevent any such result and to save
time and repetition, have few sug-
gestions to make at the commencement
| 1t the term in regard to the manner IL
which you are to discharge the dutie>
| imposed upon you. and as a guide to the
rule of conduct you are TO observe while
n attendance, SO that you may be pre-
pared to avoid those errors or mistakes
INTO which men of the best intentions
sometimes unconsciously fall when serv-
ing as jurors.
The obligations resting upon the mem
bers of jury after they are empaneled
and sworn to try cause are generally
we'll understood and in most instances
are faithfully observed, but it is matter
If frequent occurrence that men who are
summoned rs iurymen come to court en-
tirely unbiased and yet before they are
empaneled to try particular case, be
c"me incompetent to judge fairly in such
case by reason of some conversation OF
proceeding out of court, tending to ere
ate bias or prejudice against one OF the
parties to the suit. Such a state of af
fairs ought not to occur and it is to this
subject that I wish TO direct your partic-
ular attention.
Some of you may have previous knowl
edge of the facts relating to controvers-
les between neighbors arising in your
own imme liate locality and which it was
impossible for you not to hear and know.
This cannot be avoided. But no one of
your body coming here without any
knowledge of the facts of the case has
any right to acquire such knowledge ex
cept in the manner provided by law.
Witnesses are forbidden to enter the
jury box in the case of which they have
knowledge or in which they may be call
ed to testify.
The ancient practice which prevailed
IN the early days of jury trials, of select
ing the jury from those who had knowl
edge of the facts to the exclusion OF 9TH |
ers vino had no knowledge of the facts, |
does not now prevail IL this or any other |
country where the law is administered |
upon just and enlightened principles. |
On the contrary, the utmost care IS exer |
cised IN selecting those who have no
knowledge of the facts to the exclusion |
IF all others who have such knowledge, |
especially where it has led to the express
ion or formation OF opinion on the merits !
of the case for or against either party. |
The Juror must stand Indifferent between |
the parties; that Is, he must not be iuclin
ed TO favor one party or TO iuiure the |
other. Therefore anything which i'm
properly tends to impair or destroy that |
lmpartiality in the MUD of the man who
IS to sit i'll solemn judgment upou dis
puted questions of fact, directly tends to
impede and obstruct the due and order
~ administration of the law and produces
'rror, confu ion, uncertainty and inius
tice.
La addition to requiring an honest and
impartial jury, the law tolerates no pro-
ceedings Of steps in the trial of contested
cases, having tendency to Influence
your verdict which is not taken publicly
IN the place appointed for that purpose
~ the presence of all parties to the con
troversy and their counsel. The forum
for legal contests must be open to the
gaze of all who may choose to look, with
40 curtains to shut out the light of truth
1r to hide what Is done within aud with
40 alcoves or secret places for the trial of
Que side of the cause il the absence OF
5he adverse party.
Your opinions are to be formed and
your verdicts based upon such testimony
~ may be presented for your considera
ton ia open court where it can be sub
iacted to full, fair, and searching investi
cation into it's truth and probability and
90 the application of those rules which
re adapted to assist you and the better
iuable you TO arrive at the exact truth of
the matter. If any party omits from
negligence or other causes to produce all
the testimony or witnesses necessary to
sustain his case, he must suffer the con
sequences of his omission. 1t is not the
province of the court or the jury to SUP
ply that omission for him by knowledge
obtained outside of the case as presented
in court
When you shall have been accepted
and aworn to try the issues in any cause,
YOU must be careful not to talk with any
one about it during the trial nor will you
permit any one to converse with you up
on that subject out of court nor III til,
court room unless it be during the regu
iar proceedings of the court. During
The progress of the trial you will not ex
press any opinion a. TO the merits of the
case or any branch of it, such as the ties
imony of witnesses or their manner upon
the stand, to any person, not even 10
those who may be on the same jury with
sou. The just verdict Is based upon the