Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1882-07-21
judges Instead OF Juries.

In Il l:sse number of the North .in'ri-
ca,. Hr.1sD Judge Edward y. Thomas
takes ground against trial by jury. He
contends that, though safeguard
against tyranny five hundred years ago,
when sovereigGs were absolute and APP
poined all officers, including judges
and attorney-yeneral, he considers that
the system WAS necessary, but now no
such check upon power is needed.
The writer infinitely details the prac-
tical evils of the system; it is full of
faults, uncertainties and dangers; brings
about Il denial and defeat of justice;
takes up great deal of time, especially
in appellate courts, to no purpose; YER
diets are too often the results of popular
sentiment, of the eloquence of counsel,
or other cirrum stances eXtranc0I lis to the
merits of the case to the average citi-
zen jury duty is an OnerOu5 burden; he
is dragged from his business in the busi-
est seasons; his compensation is nomi-
nal; although judicial officers, jurors
are locked up to keep them from being
tampered with; when they disagree
they are imprisoned until they concur
in a verdict there is Il risk OF irregular
ity that at every step may vitiate the
proceedings: jurors know little or moth
inM about law. and have to he taught its
first rrdimentS By the Judge; their
minds are often So undisciplined as to
unfit them for proper weighing of evil
dence; they are liable to be governed
by prejudices or prcpoSsesSio respect
ing opposite parties or counsel.
lnIfr., Thomas ..,tn- or N t N, wi or
friend of his who served on a jury in
grand-larcrny case stated that after q
protracted disagreement, the court re-
fusing to discharge them, one OF the
jurors proposed that they should toss up
Il penny and decide for conviction if the
head came uppermost, and for acquittal
otherwise; vedict was actually
reached in this way Another case, in
volving thousands of dcllars, was decid-
ed by game of draw-poker. These are
doubtless extreme cases, but rs flagrant
violations of Justice have occurred in this
city. Irregular and illegal deeds are
done in jury-rooms which never see the
light. There is no redress for them. A
person once acquitted on criminal
charge. the verdict can not be set aside,
no matter what the misconduct OF the
jury.
In work entitled "Wit and Wisdom
of the Bench and Bar" = good story
apropoS of juries is told of Baron Alder
son. \ jury in 4 criminal case having
returned q verdict which disp!eased
him, he said to the sheriff "Good heav-
ems, sir, can't have another jury, and
let these twelve persons 60 into the
other court, where they can't do so
much mischief" To the jury he said 4:
"Gentlemen, you will find in the other
court, perhaps, in the course of the day,
something which you can try" Then,
in an absent, muSing manner, he solilo-
quized: "NO doubt there are some men
who never can comprehend what evil
dence is; but that twelve such men
shonld come together to-day and let that
man off! Prisoner to the happy man
who had been acquitted-''the jury have
acquitted you. Heaven knows why!
No one else in the court could have the
slightest donbt of your guilt, which is of
the groSsest kind; but you are acquit-
ted, and can't help it.'
Judge Thomas's substitute for juries
is that body of three judges take the
place of the twelve jurors. He believes
that in civil cases the change would be
greatly for the better, while in criminal,
Justice would be meted out more GER
tainly and speedily, less number of
innocent men would be convicted, fewer
guilty ones would escape, packing and
manipulating juries would be done away
with. As preliminary to his radical
change, he suggests that it be provided
that two-thirds of a jury may find a YER
dict. With respect to changes in civil
cases, regard should be paid to the
wishes and prejudices of litigants. They
might object to Judge Thomas's sweep
ing reform, and they are the parties in
interest. Chicago Nems.