The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-05-19


N
Juries ana their Verdicts,
In the lexicon OF fashion, change and re-
form are synonymous. Those doctrinaries
who Affect to be in advance of the times
mistake the smell of fresh paint for the OF.
tar of roses, and condemn the old on ac-
count OF its age. one OF the pc aversions of
This class of re'ormers is the jury system.
a Chicago writer recently presented with
much favor before a highly cultured audi
ence, proposition to abolish the present
jury system, sn shutting in It's place an
elective commission of three to be in con
slant Attendance upon the proceed
lngs in court and judge of the facts.
those comm ssloneis would very
nearly correspnr d to the side Judges which
formerly existed N some states, and were
the butt OF so much well,deserved ridiculs,
II We were 10 dispense with iuries, then
leave the whole case TO the judge, facts as
well as law. Some of the arguments for
the jury system have lost their force,
thanks to the larger liberty and inc Justice
OF our modern times, but the fundamental
principle or great advantage of the system
still remains, and must ever be constant
quantity III judicial proceedings, namely,
the importance OF iniusng into the
trial OF lawsuits an element of sense, in dis
Junction from siavlsh regard for prece-
dents. That reverence, for example which
is so characteristic of the legal profession
may be justifable. That is not in dispute
in this connection; but right or wrong it
exists everywhere, and would work meal
cuable mischief if not contradicted by
wholesome antidote. The lawyers and the
Judges travel the road so often that their
gigs wear deep ruts, so deep, often, that to
attempt to get out would snap Off a
wheel Now the Juror comes into
the case fresh from the people, and
unembarrassed by anything of that sort.
ii looks AZ the case AS presented, ana is
quite as competent to Judge of facts as if
he had been breathing court atmosphere
all his days. He gives to the body o
justice that infusion of fresh blood and
pure air VIII CHI is absolutely necessary
to the right performance of its functions.
Allusion was made to some features of
the system which have become somewhat
obsolete from the progress of society. This
IS especially true OF the feature suggested
by the phrase zones peers" Origin
ally that was Il matter of the very
highest Importance. Glass distinctions
and caste prejudice rendered the
privilege of being tried by Jury drawn
from ones own sphere in life the very Cita-
del OF personal liberty But in this country
all that is absolutely meaningless. Every
man is sovereign in America, and there
can be no higher peerage than
royalty. lfGeneral Grant. the first citizen
OF the nation, were on trial, and every Juror
in the case were a veritable tramp, he
would still, IN the eyes of the law, be Oh
trial before jury of his peers. The glory
OF our country, where primogeniture, her.
aldry, and all that sort OF thing are
unknown, partially obscures the lustre of
the jurv as an institution Ofiustice, and
that without really loosening n single stone
in the ediiice or furnishing any excuse for
tearing it down.
1t may be said that the requirements OF
twelve men for the jury in any court of the
record, and the consentient verdict of all
the twelve, is irrational. What is there in
the number twelve that it should be set nm
as a court fetch? Nothing; but there is
something in stability and uniformity.
originally, there is no more reason for
selecting twelve than some other reasona
Bile number. The primitive plan was to
call together such of ones neigh bors
and equals as could be con-
veniently convoked and who had heard
nothing about the case in dispute. let each
side tell its story, and whatever at least
twelve OF the arbitrator agreed upor
should be binding upon the parties in in
terest. GRADUALLY the number summoned
dwindled to twelve, and for many centuries
the present system has obtained without
any substantial change.
There is great gain in having certain
well-detined landmarks, about which there
can be no mistake and which cannot
be removed for sinister purposes. Once be.
gin to tamper with the jury system, and in
every state there will be constant danger
whenever the legislature is IN session that
some new thing will be adopted, not only
leading TO confusion, but really designed to
advance some personal, petty,
and, perhaps, malicious end Now we need
nothing ofthat kind, and it is an inesti.
mable advantage. To tamper with the
jury system would be almost as bad as To
change our system of dates. 1t NAV he
that the Christian Saviour was born a few
years before the time fixed in chronology.
That seems to be the opinion among those
who have given the subject special study,
but no one would favor revision of the
Gregorian calendar on that account. Ii will
be remembered that the French reyolu.
florists tried to destroy the citadel of dates.
1t not only failed, but 1t would have dore
so even II every vestige of belief
in Christianity had been DESTROYED
The whole commercial and learned
world might turn agnostics of the most
pronounced type without impairing the
stability o, the Christian era as the unii OF
time measurment. In regard to the iurv
system, minor details may change. Inf
let come what will, the system of depend.
ing upon the unanimous opinion Of
tEelve laymen, called in from the common
walks OF life to try that particular case, or |
sit, at most, during that one term of court |
VIII obtain wherever the common law pre. |
walls, and be an integral part of It, 1t il |
sometimes necessary to demand higher |
layer OF pannels, and little discussion |
on lhis point not untreQuentiy does
a great deal of good. Last winter the Inter.
Ocean censured the Cook County Com. |
missioners Tor not doing their duty herein !
with more fidelity, and marked Improve. |
ment has been noticeable ever since. The |
board had become careless, and, when |
called to task, reform was secured without
any organic change.
The worshippers OF mere novelty may ms
well understand, once for all, that in III.
bad old times of judicial despotism the
ury system was so very potent in protect. |
ing the innocent that the institu.
lion is sacred, and even its outrrown
features are invested with certain
sanctity. We are accustomed TO asso.
riate the right of trial by Jury, as ofhabess
corpus. with Magma Charta, and that grand |
bulwark Of freedom did guarantee this
right but II was too old then. II Is eouallv !
true that the right was not fully established
until much later date. Its complete estab. |
!ishment was achieved when William
Penn's religious liberty was upheld bv a