Southern standard. (McMinnville, Tenn.) 1879-current, 1881-07-09
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 or up
holds it, we put the effect for the cause.
But suppose its value for the conserva-
ton of liberty in the past were admitted,
it does not follow that it is needed now
for the like purpose. Officials are power
less beyond conStitutionallim limits. Judges
by the tenure of Office are beyond the
influence of executive power, and gen
orally of the ballot-boX. The end now
to be sought is that the law, as the ex-
pressed will of the people, should be ev-
eryWhere and always supreme and uni
form in its administration.
And 50 we come to this vital question:
Is justice according to fixed rules of law
more likely to be attained by our present
system, or by one inwhieh both fact and
law are settled by the court without the
intervention of a juryp
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 qualifications for the
work they are to do. 1t was found in
the beginning that the worlds work
could not be- done without, special prep
aratiouA for special duties. a.Our neigh
Dor may be great man, but we do not
call upon him to set a broken limb un-
less he has had the training of a 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
supposed our own. We never 90 to
our shoemaker for u coat, nor to
our tailor for boots. In our late war,
we sometimes, when smartng under de-
feat, talked wildly about military genius
and West Point machines; but in the
end the value of military education was
splendidly indicated, 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 miserably, involving the
'--------+--s- -s..al l.Aae- and Gufferinp The
average juryman is unaccustomed to
continuous thought. He has never
learned by practice to weigh and com.
pare evidence, nor to Judge of the truth
sfulness of witnesses. In .prohacted
trials it 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. We shouldmot set a man to cul.
tiyate farm or make shoe without
practical acquaintance with his work.
We should expect nothing from him but
failure, if his preparation had been only
u lecture or a course of lectures. And
yet we set jurors to the performance Of
the most responsible and difficult of al
duties, with such preparation and aid
orly as they can receive from the argu,
ments of the lawyers and the charge Of
the court.
Again, the juryman is impressed into
the service. Often Inc 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, ar the conductot
the boy who thinks "epsom salts means
oXalic acid distracts his attention, he
Will console him self by the reelection
that his responsibilities shared by clever
others.
On the other hand, the Judge bring;
to the work q mind disciplined by year,
of study, followed by years of study anC
practice. His knowledge of law enables
him to see what facts are to be proved
and on which of the parties rests. thu
burden of proving them, and so on, a,
each witness delivers his testimony, t
appreciate its probatye value. Prac
tice has taught him to read witnesses
For him not words only, but the man
Ter, the tone, the gesture, the counte
nance, have force and meaning. He il
not likely to be misled. He has oppor
tunity to take full notes, if need be, ant
afterwards to revise and compare tn
statements of witnesses. The duties o
his Office are his work. His attention i
not distracted by outside cares. F."
So much for the relative capacity o
,, Judge and jury to administer Justice
atlantic M0ntbly.