Savannah morning news. [volume] (Savannah) 1868-1887, 1886-01-10
The Jury Trouble.

II seems that in England there is the
same trouble to get competent Jurors as
there is in this country. The most OF
those who are qualified to perform jury
duty are business and professional men,
and cannot well afford the time that the
Jury system requires OF them. Many of
them succeed in escaping the duty in one
way and and another, and the consequence
is that the grade Of the iuries is not as
high as it ought TO be.
The proposition that is being debated
in England is that those who can afford
to do so shall pay small sum annually,
which shall go into a fund with which to
pay briefiess lawyers and other persons
OF recognized character and intelligence
TO do jury duty. In other words the
proposition is to create a class of pro-
fessiOnal jurors. In this country there
has always been a great prejudice against
professional Jurors, because they are not
regarded as reliable. The professional
juror in this country, however, is very
different sort Of person from the pro-
posed professional juror in England.
Here he is a loafer who hangs about court
houses with the purpose Of being called
as a juror whenever the regular panel is
exhausted. There it is proposed that he
shall be noted for such qualities as are de-
sired in jurors. 1t is by no means certain,
however, that the kind of persons desired
could be obtained, and there would be
danger that after they became recognized
as professionals it would not be possible
- -.
receiving brides.
There is another objection to this Eng
lish proposition. 1t is that it makes a
distinction between the rich and poor
that would be productive OF dissstisfac-
ton and perhaps trouble. A rich man is
no more entitled to escape the burdens Of
citizenship than a poor man is.
A New York newspaper, in discussing
this subject, suggests that those who can
afford TO hire substitutes might be per-
mitted to do so, but that the PERMISSION
should be so hedged about with conditions
that it would be possible for them TO
furnish only acceptable substitutes. The
fact that the substitute system at the
North during the war Of secession fur
nished, as rule, a very inferior $ ldier,
ought to he sufficient to satisfy any one
that it would not answer TO furnish jul
rors.
1t is plain that something ought to be
done to improve juries. 1t has become q
rather difficult matter TO get twelve hon
est and intelligent men on jury in any
important criminal or civil case. There
is generally to he found among the twelve
stupid, obstinate or corrupt jurors who
are there by accident or design, and VINO
are sufficient to prevent iusuc being
done. There is quite "A sentiment growing
mp that the jury system is not such bull
wark Of our liberties as some Of the spread
eagle orators still insist that it is.
While the drawbacks Of the system are
recognized, NOBODY has yet been wise
enough TO improve IL, or % suggest an &C.
ceptable substitute for II. The suggestion
that all matters Of fact as well as OF law
should be left 10 Judges. does not meet
with favor. although 1t IS probable that
justice would come nearer being admins.
tered n Judges alone discharged the du-
ties which Judges and juries now dis
charge together.