The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1885-06-20

elSion.
There are certain influences un-
der which jury is almost helpless.
Let woman or child be party
to a suit and she, or it, as the case
may be, will almost invariably get
the favor of the jury When the
cause is between an individual and
a corporation, owing to the pecul-
lar prejudice held against it, the
corporation will always be at
decided disadvantage. In this con
nection many things might be men
toned such as co-religion, co-broth-
erhood in some society or fratern-
ity, and party afiliation, which
exert an influence over juries.
Judges may sometimes be arbi
trary and they may have an exag-
gerated sense Of their own import
ance. Jurors are prejudiced and
biased. Judges, however, are
usually chosen for learning, ability,
integrity and experience; while
jurors are selected by chance and
cannot be expected to be above
the common level. In fact if we
are to judge from the practical inn
panneling of jury they are expect
ed to be ignorant.
To judge an untarnished rep
utation and a lofty position is more
than everything. Removal from
office for cause or even public cen
sure is to him a punishment the
most severe imaginable The jury
men have no professional honor to
sustain, no official dignity to up
hold and if they can only escape
without making an enemy of some
litigant they are happy. The former
with a good position desires to
hold it. The latter with scarcely
enough to pay their expenses are
anxious to get back to their stores,
farms and manufactures. A
shrewd but dishonest witness is
sometimes able to deceive a jury.
The judge from his professional
training can tell more accurately
the rogue from the honest
but embarrassed man who in spite
of the badgering of counsel is try
ing to tell the truth. The Judge
from his position can look down
upon the lawyer. The juryman
from his looks up. The judge
cares not for the honor of display
ing his gratitude toward any par
ticular counsel. The juryman is
anxious to show his appreciation
of the friendship of the great law
yer who has dined with him or who
has plead successfully some partic-
ular cause for him.
The rules of evidence are as plain
as any that could be made yet the
juryman is ignorant of them and
even if the court rules certain evil
dence out as irrelevant, it can not
fail to have its effect on the mind
of the Juror. The reason of this is
very evident. The juror can not
be expected to be conversant with
the principles upon which judge
admits or excludes evidence, and
his ruling often seems arbitrary
when indeed it is exactly correct.
Is it not natural to supposed that
the juror will decide according to
his own judgment and if his opinion
happens to conflict with that of the
judge, that he will adhere to it al
though some people might think
the Judge the more sensible man of
the two?
Juries are often selected in a
careless manner; particularly spe-
cial juries. Then it is that the
professional juror shines forth to
the best advantage with his law
phrases and dilapidated plug hat
Then the political henchmen and
decrepit relatives of the sheriff are
in demand. The bar-room loafer
and the street corner politician who
are too lazy to work and who never
earn penny except at "court
tines are in their glory, and as
they brush up their old clothes put
on an air Of remarkable wisdom in
the not vain hope Of getting on the
panel.
When at length the jury is in
the box and the challenges to the
array and to the poll have been
exhausted, it presents most pecu-
liar appearance. The lame and
decrept is beside the healthy and
strong The ignorant and the
learned sit side by side and the
sensible man of judgment the hope
of the litigant with good case, is
balanced by the weaker standby
of the man whose hope is to al
least hang the jury if he can moi
gain the case. He will do this by
some personal favor having beer
rendered to the juror, or by the
eloquence of his counsel.
This very thing has done more
to lower the standing of the lawyer
and degenerate the noble profes
sion of the law than anything else
which could be named. The law
yer of to-day is not necessarily one
learned in the law and the rules o
right which govern civilized hu
mainly. Neither is it absolutely
needful for him to be honest; bu
if he wishes to make success out
Of life, in the ordinary acceptance
Of the term, he must have the pow
er to influence and sway the mind:
of the jury, and keep from two tc
ten men on the panel upon whom
he can rely. He is not judged fol
his learning, sense, honesty, char
acter or vitue but for his power
over jury and that too no matter
how questionable the methods by
which this power is obtained. What