Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1881-07-14
Trial By Jury.


John Itolsr IA July Atlantic
lral b, jury proves the existence Of 4
free government II i the exercise b, th,
people OF one branch of supreme power
" hen Ne say II POUNDS or upholds II, VI
pat The eheci for the cause. But suppos,
lts Nalue for The conservation Of liberty ~
t.tr past Ncre admitted, II does not follow
that II needed noU Tor the Ike purpose
Official, po~erlcss eyond oon,t.tu;iuua
limits Judges 10y the tenure of office ar,
beyond the influence ui executive power
and generally of the ballot-box The eul
now to be sought Is that the law. rs the "a
pressed ~iA OF the people, should be ever,
where and always supreme and uniform II
lis administration.
And so Ne come to this vital question
Is justice according TO fixed rules of la~
more likely 10 be attained by our present
system, or by one IN which both fact and law
are settled by the court without the inter
'ention OF a jury
In cases IN which We may assume that
Jururs 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. Ii Was found in the begin
ning that the worlds work could not be
done without special preparation for special
duties. Our neighbor may be great man,
but We do not call upon him to set broken
nmb unless he has had the training OF a
surgeon. Much We may esteem our
physician. We do not ask has advice " hen a
claim Is set up to the estate We inherited and
supposed our own. We never 20 TO our
shoemaker for coat, nor 10 our tailor for
boots. In our late VAR. We sometimes, when
smartlng under defeat, talked wildly about
military genius and West Point machines :
but in the end the value Of military educa-
tion Mas splendidly ,indicated, while the
civilians, who early in the war, by political
influence or otherwise, obtained independent
commands in the army, for the most part
failed miserably, involving the country in
vast loss and suffering. The average jury
man is unaccustOmed to continuous thought
lie has never learned by practice to weigh
and compare evidence nor 10 judge of the
truthfulness of witnesses. Ia protracted
trials 1t is impossible for him to carry the
testimony in his memory, or To aid his mem
ory effectively by notes. AT the close of
the testimony, the court instructs him In the
law applicable To the case and then il be-
comes his duty to make up his verdict by
applying as best he may legal principles
often lmperfectly understood TO testimony
imperfectly remembered. We should not
set man TO cultivate a farm or make a
shoe without practical acquaintance with his
work. We should expect nothing of 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 law
yers 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
''epsom salts means oxalic acid distracts
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 a mind disciplined BY years Of
study, followed by years of study and prac-
tice. 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 de-
livers his testimony, TO appreciate its pro-
bable value. Practice has taught him to
read witnesses. For him not words only,
but the manner, the tone, the gesture, the
eountenance, have force and meaning. He
is not likely to be misled. He has oppor-
tunity to take full notes, if need be, and af-
terwards to revise and compare the state
ments of witnesses. The duties Of his Of
fee 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.