Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1881-06-29
Trial by Jury.

| Trial by jury proves the existence Of a
free government; it is the exercise by the
people of one branch of supreme power.
When we say it Pounds or upholds it, we put
the effect for the cause. But suppose its
value for the conservation Of liberty in the
past were admitted, it does not follow that
it is needed now for the like purpose. Off
cials are powerless beyond constitutional
limits. Judges by the tenure of office are
beyond the influence of executive power,
and generally of the ballot-box. The end
now to be sought is that the law, as the ex-
pressed will Of the people, should be every
where and always supreme and uniform in
its administration.
Aud so we come to this vital question /:
Is Justice according TO fixed rules of law
more likely to be attained by our present sys-
TEN, or by one in which both fact and law
are settled by the court without the inter-
vention 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 qualifications for the work they
are to do. 1t was found in the beginning
that the worlds work could not be done
without special preparation for special du-
ties. 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 a
surgeon. Much as we may esteem our ply
stefan, we do not ask his advice when a
claim is set up to the estate we inherited
and supposed our own. We never go to our
shoemaker for coat, nor to tailor for
| boots. In our late war, we sometimes, when
smarting under defeat, talked wildly about
military genius and West Point machines ;
but in the end the value of military educa-
ton was 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 aver
age iuryman is unaccustomed to continu-
GUS thought. He has never learned by
practice to weigh and compare evidence,
nor to judge of the truthfulness of wit
nesses. In protracted trials it is impossible
for him to carry the testimony in his mem.
DRY, or 10 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 un
derstood to testimony imperfectly remem
r bered. We should not set man to cult
} vate farm or make a shoe without practi
cal acquaintance with his work. We should
expect nothing from him but failure If his
4 preparations had been only lecture oil
} a course of lectures. And yet we set Juror
Q TO the performance of the most responsible
Q and difficult Of all duties, with such prepa
ration and aid only as they can receive from
!. the arguments of the lawyers and the charg,
: of the court.
4; Again the juryman is impressed into th'
: service. Often he brings with him the care
t of the business from which he was taken
9 and if anxiety about the harvesting, thu
D notes that must be paid before the bank
|, close, or the conduct of the boy who think
!, "epsom salts means oxalc acid" distract
}, his attention, he will console himself by tn
s reflection that his responsibility is shared b,
: eleven others.
o On the other hand, the Judge brings to tn
J, work mind disciplined by years OF study
" followed by years of study and practice
; His knowledge of law enables him to Sc
n what facts are to be proved, aud on whic
It of the parties rests the burden of provin
IL them, and 80, as each witness delivers hi
e testimony to appreciate its probative value
y Practice has taught him to read witnesses
IS For him not words only, but the manner
,r the tone, the gesture, the countenance, hav
a force and meaning. He is not likely 10 b
10 misled. He has opportunity to take flu
If notes, if need be- and afterwards TO revis
,e and compare statements Of witnesses. Th
N duties of his office are his work. His a
7 tention is not distracted by outside cares.
- So much for the relative capacity of judg
le and jury to administer justice.-July A
10 ldntic.