Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-02-25

The imperiections and evils Of our
Jury System which for many years seemed
to have been recognized only in our
large cities. and in newly settled commu-
mites. especially on the Pacific coast,
now ssem to be almost universally rec
ognizsd throughout the United States.
Even in the old settled communities Oh
the east, Philadelphia for instance. much
dissatisfaction exists with the system.
II 4, no open to corruption. 10 attended
with no much uncertainty. 80 frequently
proves an obstacle in the way OF justice
and has become so great . burden to
litiesnts and taxpayers that. although
once deemed the palladium Of q civil
rights. and q necessary check to power.
il 10 nov fallen into disreputs. and sp-
pears to have outlivsd Its usefulness.
A very interesting article devoted to q
discussion Of this question. written BY
Judge Edward A. Thomas, may be fonnd
In the March number Of the NORTH
American Rsriso. The question 10 there
90 ably handled that . few extracts from
IL will well serve the purpose Of this
article; that is. to expose some Of the
faults Of our Jury systsm. and to induce
thought with reference to the matter.
After dsvoting some space In stating
the benefits OF the jury system In En-
gland, ave hundred years ego. when the
Judges there we're appointed and con.
troll.d by tho Sovereign. and in show
ing that in the United States no such
checks to power are necessary. the su-
thor says:
The necessity Of . change in this
country, both ss to grand and petit
juries, has become manifest In many
sections. A large portion OF the
time Of appellate courts is occupied with
motions to set aside verdicts and 10 grant
new trials on account OF the Ignorance.
bias, prejudice. misconduct or mistakes
Of iuries. Verdicts Of juries are
very uncertain. and are more frequently
the result Of popular sentiment and the
sloquence OF counsel than OF q careful
consideration Of the merits OF the case.
The jury systsm 10 especially
favored by those defendants who. IL they
cannot entirely defeat the claims OF The
plaintiff. desire to cause such delay a
to amount to q virtual defeat.
To show how decisions are semetimei
arrived at in the jury room the author
refers to an instance whore q toss up o.
penny determined q verdict Of guilty
and to an instance where q cause involv'
ing thousands Of dollars was decided
by the result Of q game OF draw-poker,
The author continues:
How frequently. after q long. eIpen'
sive and sxhausiing trial. the jury fails
to agree. as in the case OF Tilton against
Bescher, and tho case must be dis
continued. or 4 new trial had. In eithsl
case the former labor is lost.
In consideration OF these facts, the CUES
ton arises-Is the system. as il exist
with US. founded in justice? Can jurie'
be a. discerning and impartial as Z
bench Of judses7 I claim thai
. court composed OF one or three judge,
will arrive at q proper decision more ire
qusntly. moro speedily. and with less
expense to litigants and taxpayers thar
court will which is compelled to call IN
= Jury to aid in its decisions.
Judges are usually chosen for learning,
ability, integrity aud experience. while
jurors are expected to be ignorant, and
are selected by chance. To the former
high position. an unsullisd name. u
mere than wealth. The former, FROM
their professional training. q generally
tell q rogue from an honest man wher
he 10 on tho witness-stand. can siit th'
evidence thoroughly and can apply thu
law to IL correctly.
As q substitute for nj Objectionable
jury system. as has been stated, the on
thor suggests that trials take place DO
fore . bench OF three judges, and be
claims that under that system "jussios
would be melted out more certainly and
speedily. a less number Of innocent men
would DO convicted. fewer guilty ones
would escape. packing and manipulating
juries would be done away with. and
crime would dscrease-for the certainty
OF punishment is moro dreaded by GRIM
insls than the amount Of IT," 1.-The
time has arrived" says he. ''for q new
departure. The genius Of this age car
certainly devise a better system than the
present one"