Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1885-02-28

Because person has been Informed
of incidents connected with case
through newspapers or otherwise. or
because he may have formed or ex-
pressed some opinion from this class OF
information, or other hearsay evil
dence, it is no good reason why he
should not be capable OF rendering a
Just verdict in accordance with law,
from the sworn testimony OF witnesses
before court We have no better right
to doubt the honesty and integrity of
twelve honorable private citizens any
more than that of the Judge before
whom the case is to be tried, for he
may have also formed some opinion,
and it is well known that he, with his
rulings, and his charge, has almost
equal influence with the jury in the
trial. As some proof of this, we often
hear lawyers and others base their
opinions as regards how case will be
decided solely upon the charge of the
Judge to the jury.
The law, also in many instances
gives justices OF the peace, regardless
OF previously formed opinions the
power to Tree a prisoner, or send him
to prison as he may desire. Can justi-
ces of the peace be relied upon to do
justice, or for general integrity more
than twelve honest private citizens
am positive that they cannot.
The jury system as at present prac-
ticed, not only fails to perform its in
tended mission OF justice, it not only
adds hundreds Of thousands of dollars
to our court expenses, it not only de-
lays the various proceedings of law,
and causes an immense amount of
trouble and annoyance to citizens, but
it is also in many instances demorali-
zing in the extreme. For when it is
generally known that opinions pre-
viously formed or expressed, on any
small matters OF the kind, will exempt
one from serving on jury, there are
very many who will indirectly swear
falsely, rather than be locked up on a
Criminal jury and detained away from
their families and business for an I'M
certain number of days; while others,
such as professional jurors, Will for the
ptv md their board, often do the same
thing, to get on the jury. Then again,
under the present arrangement we
can hive no case of importance, it
matters not how complicated it may
be, tried by an intelligent jury; as it is
a well known fact that all intelligent
persons OF tie present. age read news
papers, more on less, and are thereby,
il not otherwise, informed OF the va
r,ous criminal, Or other important in.
cidents OF the County, Therefore
many OF the most important eases
must necessarily be decided by men
of the more Ignorant classes whose
minds are not 50 capable of comlre
htnl.ng intricate testimony, nor SO
able to understand the many compll-
C ,tiOns of law, Is are those of more
intelligent persons. Owing to this
fact, and to the influence of oratory
when taken in Connection with it,
many criminals escape their proper
due of Justice, while others are too
severely punished.
III conclusion, | desire 10 say, that
it is not trial by jury with which I
seek to find fault, for do most Ger
tainly endorse those parts OF the State |
Constitution which says: That Tie
right OF trial by Jury shall remain in
violate, and thata speedy public trial
by an impartial jury, shall be granted
to all persons accused oi crime" |
also fully endorse that part OF Section
q, OF said Constitution which says
That no man 5 particular services |
shall be demanded, or property taken,
or applied to public use. without just |
compensation being made therefor
But ] do not endorse those many |