Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-05-21
. REPRESENTATIVE rRi sUsAL.

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We may say what We will about the
yerdicts Of juries, the jury is neverthe-
less a fair exponent of the community
from which it is drawn. There may be
exceptions to this. but they emily prove
the rule.
Where there is one jury that does
not fairly represent the temper OF the
people from which its members come,
there are fifty others which do.
The jury which acquitted Phil.
Thomson in Kentucky, the other day,
simply gave practical endorsement to
Kentucky sentiment, that the pistol is
a proper, if not legitimate, penalty for
the stu of which his victim was ac-
eused. The pHLlic asked for the YER
diet and endorsed it when it was rem
dered.
In Chicago a jury has just made free
-"vindicated"-JE DUN, pugi-
list and bully who recently murdered
JAMES ELLIOTT, aud the "hero" of that
verdict was carried on the shoulders Of
his admirers to low resort, where he
first slapped the face of one of his ofen-
ders, and then appropriately celebrated
the acquittal in drinking bout with
his disreputable friends.
Shall we say that this jury was rep
resentatiye Oft city of Chicago? II
not, why not"
Ii was either this, or it was u dis
graceful miscarriage of justice. 1t gives
plain notice to tue roughs and criminals
of that city that they may cherish their
feuds, go about armed in search OF each
other with threats of murder, and when
they meet, the one who is quickest with
his weapon or secures advantage over
the other, may shoot him down and get
offon the plea of self defense. All that
is needed Is a skiIlful lawyer aud com.
munity that sympathizes with the sur
viving ruftian, whichever he may be.
1t would be- Il sorry day for any great
city to be compelled to admit that the
jury which rendered this verdict is fair
ly representative Ofthe prevailing 'enti.
ment OF its citizens.
Such results Of judicial trial n this
and such ~ We recently saw i'll the
Dukes ease, very strongly suggest the
need of change in the jury system by
which veId;cts will be taken out OF
their hands and their duties restricted
closely to findings upon specific ques-
tiOnt of fact submitted to them by the
court. Oh course the Thompson YER
dict is simply declaration Of popular
sentiment and not Of law, and,
however universal may have been
the sympathy which the jury per-
United to determine their action,
such prrccdentS u this are bound
to beget grave abuses. If juries are al
lowed to take counsel of their emotions
and let sentiment guide their verdictS
in place Of the law, it is easy to see that
Justice will degenerate iutO farce, IL
cannot be otherwise if dependent upon
the rapriceS of twelve men, even if
something more than average honesty
and intelligence could he insured in the
jury box. II would be otherwise If the
jury had no duty TO perform except to
return findings upon submitted 4ues-
tiOns Of fact, and were not concerned in
the legal ysponsibilityto be determined
10y their findings. Ofcourse, the heart
should not be wholly banished from the
course ofjustice, but it is no ways safe
to entrust the acts of mercy to the av-
erage jury, whose whimS are as likely
to lead it wrong as right. The state
Executive il empowered TO stretch the
hand Of mercy and halt the retributiOn
Of law, when the circumstan res justify
leniency, and in his hands it is best to
leave power which the safety of the
community requires should be used
with the utmost care.