The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-06-03
Trial by Jury.

Trial by jury proves the existence of 4
| 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.
Officials are poWerless beyond constitutions
al limits Judges by the tenure Of Office
are beyond the influence of executive pow
er, and generally of the ballot box. The
end now to be sought is the law, as the ex-
pressed will of the people should be every
where and always supreme and uniform in
its administration
And so 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 in which both fact and
law are settled by the court without the in
tervention of the 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 preparations for
special duties. 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 surgeon. Much as we may
esteem our physician, we do not ask his adj
vice when claim is set up to the estate
we inherit. and supposed our own. We
never 90 to shoemaker for a coat, nor to
a tailor for boots In our late war we
sometimes, when smarting under defeat
talk wildly about military genius and West
Point machines but in the end the value of
military education was splendidly vindicat-
ed, while the civilians, who early in the
war, by political influence or otherwise, OBJ
tanned independent commands in the army,
for the most part failed miserably, involv-
ing the country in vast lost and suffering
The average juryman is unaccustomed to
continuous 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 impossi-
BILE 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 instrncts him in the law appica-
BILE to the case, and then it becomes his du-
ty to make his verdict by applying as best
he may legal principles often imperfectly
remembered We should not set man 20
cultivate farm or make shoe without
practical acquaintance with his work. We
should expect nothing from him but fail
ure, if his preparation had been only lee
ture 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 lawyers
and the charge of the court
Again, the juryman is impressed in 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 | / others.
On the other hand the Judge brings TO
the work mind disciplined by years of
study, followed By years of study and prac-
tiee. 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 80, as each witness deliy-
ers their testimony, to appreciate its pro-
bative value Practice has taught him to
read witnesses. For him not words only,
but the manner, the tone, the gesture, the
have force and meaning. He
has opportunity to take full notes, il need
be, and afterward to revise and compare
the statements of witnesses. The duties of
his office are his work. His attention is
not distracted by outside cares.
so much for the relative capacity of
Judge aud jury to administer justice.--Joha
C. Dodge 10 The Atlaatic