The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-01-27

\ " All A ~, 1000
besides teaching them to think Of the distinc-
tinns Of right and wrong. to discern the ne
ccsSity of furnishing crime, and to consider
themselves mainly responsible for social Or
der.
1t Fails in Attaining the Ends for
Which it was Created.
These advantages are collateral to the
prime object of trial by jury, which Is to as
certain the truth In questions of fact, Un-
doubtedly. ina contest between two rival sys,
TENS. other things being equal, an incidental
advantage att aching to one should give 1t the
preference. But If it fails in attaining the
end for which 1t was created, all collnteral
considerations must be ignored. Education
ought to he encouraged, but to contend that
we should employ an ignorant and incompc-
tent tribunal adjudication Of our dearest
rights, because such employment Is good men
tai exercise and tends to increase the tntelli-
gence of the masses, IS carrying the argument
dangerously far. That the masses should
consider themselves mainly responsible tor
social Order ~ indeed ''a c0nsummation de-
youtly to he wished" So far rs this feeling of
individual responsibility for the public veal
has advanced In our country, we are Inclined
to assign the honor Of promoting 1t to the In
fiuence of our representative institutions, Ia
ticipation il the administration Of justice:
Havin. cor Sidered some OF the advantages
claimed for the jury system, let us look NJ
some of the objections which may be urged
agaInstit.
The Dific uIties Of the Juror---IIe Is
Expected to do In Fifteen Minutes,
What it Takes Judge Three
Months to do.
The fact that justice should be admin.
istered with certainty, economy and
promptncss, We take TO be self:evfdent. ~
mode of trial ia clking In any of these necessa-
ry attributes eserves unhcsitating condem-
nation. Juror are selected indiscr1minately
FROM the CONF lunity at large, without REFER
ence to any definite qualifications, although
the design of the law is that they Shall pos
sess 1edivere intelligence. and such morality
as II may have pleased God to endow Ihem'
will al. ASA rule, their minds arc utterly un-
trained. For days, perhaps as often happens,
for weeks, the,. listen to q confused mass Of
test timony int nded establish some nice point
In the case, not clearly c"1nprchendeo ny
tiSel 4. Their heads being sufficiently, added
by vain attempts TO unravel the tangled web
OF e, idence, they are exposed to the soph1stry
of counsel After this bath Of refreshing sun
shine, they hear the grave and sonorous lec-
tur,' Of his Honor, the Judge. Being conclu.
Sive presumed to have mastered the facts OF
the use, and TO fully grasp the law applica6ie
tOget 1er with all the notifications, quallnca'
tiOLs and exceptions thereto belonging. tncy
retire and are expected aitera nr,ei corsu, on ,hs;
verdict the result Of 4 careful and exhaustive
c0nSi Grafton OF the case. Under similar CIR
culnsi ances, q judge would require days, per-
haps weeks of reflection and consultation OF
autho titles before arr wing at his decision. 1t
is a N torious fact that jurieS may be very ma
ierial. Influenced by considerations wholly
foreign to the merits Of the controversy.
Tickling the Vanity of Jurors.
1avvers are aware OF this weakness, and
rarely fail to take advantage of it. The attor-
new irho falls to tickle the vanityof the Jury
by el apty compliments and fulsome nattery
on 1l,eir unparalleled Intelligence and nigh
moral convictions, Is a glaring exception TO
the rule. The red.handed murderer, trem-
bill q for his life in the dock, rarely falls to
bri tg before the eyes of the sympathetlc jury
his :orrowing wife and weeping DaDes. a
iii rant in the selection of his lawyer. keeps
his weather eye open In this direction, and Is
no unfreGlently guided mainly in his choice.
by such considerations as political popularity
or identification with certain relgipns sect Ct
or secret society. The undue susceptibility OF
in. les to the influence Of extrinsic conSldera-
tiC ms has given rise to all alarming distrust
in the fair and impartial administration or
ti,.. law. which feeds, and not Win soporihc
lv,,ch law. So long as the daily experience OF
on courts proves the utter farce and utility
OF faith in tho justice and strength OF the arm
of the law, SO Ion! Will that Ioatnsolse u.stSG
in lie body polite remain to our perpetual
sha nc and confusion, and the once DoaSted
Jury system deserve the application OF that
fearful figure, "a whited sepulchre': III very
frequently happens that litigants, conscious
of their claims, prefer to compromise them ut
O. disastrous discount, rather than run the unc
certain gauntlet of a jury trial. This want OF
faith in the efficacy OF the law on tne phrt oi
our business men can result only I'D SERIOUS GrI M
injury TO our commercial prosperity. Ihere
10 :. Trndually increasing conviction among
our people that
.yustice is Obtained at too Great Cost.
The present machinery of justice may
be described as unwieldy, cumbrOus, cofnpll-
Gated and expensive. It not only imposes an
unnecessarily burdensorne expense ON lltl-
gants and taxpayers, but subjects the juror
himself to serious pecun1ary loss. In civil
causes, when the trial Is pr 'iongeu iot seTeral
days, even victory is ruinous, and the posi-
ton of the losing party Is disastrous ln INC
extreme. In criminal prosecutions, the worth.
less tramp, charged with purlolning crust OF
frequency with which gentlemen Of the color
ed persuasion are brought up on petty charges,
and put themselves upon their country lor
safe deiverance, IS a source or enormous eN-
the plttancc which the juror receives for his
services and discomtorts Is inadequate TO de-
fray even the necessary expenses Oh ms az
tendance at court. But thls IS inltiatc[.al r, a. !,
conn pnred to the serious loss which he Oiten
suffers by being compelled to absent hlinSell
from home and business during perhaps tne
busiest season of the year. The store OF the
merchant must be closed and his business per-
manently crippled, the plantation OF the lar
mcr remain untitled, and the establishments
of the mechanic and manulacturer reduced 10
q stand-still, in order that cause involving q
mere trtie may be adjudicated The 1ndlrect
loss which the entire country suffers IN thls
wav can not be lightly estiInuted. The oppor-
tunites which the jury system offers Tor sue
cessful attempts to delay the rendition OF JUS
ticc constitute Il serious defect In It's charac-
ter The various steps to be taken preiimina-
nv To lis organization, in which fatal mistakes
may he made the chances that juror may
be taken sick or die during The progress OF t.le
honest difference Of opinion in others, likely
to happen even In the plainest cases among
men of unframed minds, which may make u
mistrial all combine TO render this mode OF
trial peculiarly acceptable to thatclasS or ntl-
gants who attempt to defeat the opposition py
hindrancc and delay.
a Practical Evil In the Jury Law.
One notable feature Of the jury sys-
tenn which has been productive OF much
evil in practical operation Is the necessity OF
unannlity in order to render verdict: Inls
was generally very speedily accomplished IN
old time by keeping the jury without meat,
drink fire or candle until they were all unani-
mouSly agreed. Ii the jurors did not agree
until the Judges were about to leave the town,
thcy were not bound to wait for them. says
Blackstone but might carry them about rom
town to town In a cart. Ihis 6arbarous Gus,
tom originated the forced and compromise
yerdlcts. which have remained with us al
though the cruel practice which began men
has long since passed away. Tile necessity Oh
unanimity gives TO Il siCgle obstinate juror
the power to materially modify or even en-