Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-09-21
GOOD MEN AND TRUE.
ABOUT THE CuMp0sIrION OF JUklss

Not - Wonder that Their verdicts are Re-
cofved with Contempt-Tinely words
On . Timely Topic.
When We consider how juries arc OBJ
tanned, and of what material they are
composed, it is by DO means marvellous
that intelligent persons in many cases re-
gard both them and their findings with
suspicion, if not with contempt. Lawyers
in this country seek every public position
there is except place in the jury box. A
professional man of any sort is rarely
found as member Of petit jury. The
like il substantially true of Well-known
merchants, manufacturers, teachers and
scholars. They will not servo on jury
unless they are compelled. No person
can DO expected 20 do good and faithful
work who acts under c0mpulsioD.
The situation of juryman is
often burdensome and degrading. He is
liabls to be treated with little more
regard than a common felOn. He is taken
from his home, business Or pleasure often
without moments warning, and made
To spend day and night in the company
OF persons he would never associate with
voluntarily. If the case is of = criminal
character, no may be locked up during
much of the time Of week or month in
the comforts of life. His business may
suffer, and his family be in distress, but
he has NO remedy. He is perhaps tiattered
by lawyer while the cause is being tried
and regarded with suspicion as soon as
the charge is made. lie is not allowed to
see q newspaper for fear he will read some
comment on the trial. He is forbidden to
speak to any person not on the jury lest
he be influenced by his conversation. He
is kept in solitary confinement for fear he
will bc bribed. He is often conscious that
be will make enemies who will ever after
ward pursue him il he brings in a verdict
of conviction. lie receives no adequate
remuneration for his time aud no thanks
from tie public.
Every juror knows that men are rarely,
if ever. accepted to try an important case
on account OF their superior intelligence.
On the other hand they know that lawyers
who have case Of doubtful merit desire
men of small intelligence to try it. AS
rule, the more ;mportart the case The
more inferior ale tho persons who CON-
pose the jury. Every intelligent man at
the present day reads the newspapers, and
IS matter of courSc forms an opinion i'll
regard TO the truth or faisity of the
statements made. This opinion may not
bias his Judgment when he hears the
evidence IN the case, but the circum
stance that he is reading and reflect
ing man often operates to disluaity Linn
from serving on jury. \ juror is
selected to try criminal case aliectn. IN
entire community. because he states that
he has never heard of transaction,
an account of which has been pub
l!shed in every newspaper in the country,
and has been the principa! topic of con-
versation for weeks or even months. Such
q man every person would pronounce un-
suitable to 81. in Judgment on any matter
OF Importance. His opino:: would be en-
titled 10 TO sort of respect. Still, such men
compose 10 a large extent the extensive
class Of professional jEiymsn. These are
very glad to serve Oh lurics for paltry
SUN, provided they are furnished with
board. Sometimes they will - harg a
jury" in order to secure 4 continuation Of
pay and rations. Nothing pleases them SO
we'll as long trials, unless it be the meals
furnished at q hotel. The circumstance
lat man desires to serve OH jury is
enough 20 show that he is not q suitable
pcIsou 10 be trusted with the trial of q
case. Still, juries are often made up of
the men who hang about the doors Of
court-houses and put themselves in the
way of bailiffs.
1be jury system WIS brought into this
country as an integral part OF the common
law. 1t is preserved as relic Of feudal
times, when judges and prosecuting attor-
neys where the servants of sovereign
having almost absolute power. 1t was
then regarded as a necessary safeguard of
the liberties of the people against the op-
preston and tyranny of a monarch. 1t
was styled the "pilladium Of human lib
erty." But it is doubtful if the necessity y
Of such an institution longer exists in
any country where the common law pre-
walls, and particularly in this country,
where in most OF the states the voters
elect the JUDGES and all the officers of the
courts. 1t is generally conceded that it
takes twice as long to try case with 4
jury as without one, and that the expense
Of litigation is doubled in consequence
Every person who has good case prefers
to have it tried by a judge or bench OF
judges. In chanccry or equity cases there
is no jury except in special instances.
Still, nearly all persons are willing to ad-
nit that justice is generally most fairly
administered in a court of equity than in
one Of common law where the issue is de-
termined by jury of "twclve true and
lawful men," In Wyoming territory trial
by jury is abolished as a rule, and parties
TO a suit can only avail themselves of it by
making demand, and depositing money
sufficient to pay the entire cost. Tie
working Of this system is said to be en-
tirely satisfactory to all persons except
professional Jurors knavcs aud their law
VerS,