The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-07-02

case. Your committee would respect.
fully make few suggestions to the as
sociation upon another subject which
has challenged the attention of the
profession in many parts Of the Union,
as well as in
TENNESSEE,
and that is, Should not the law be 80
amended as to make the jury system
more efficient in the administration OF
Justice? The tendency OF modern
thought in che profession, which has
taken shape in various parts of the
country by legislative enaCtments, and
the decisions OF the courts constituting
them, has been to cutail the power Of
lures, and in some cases dispense
with Them entirely, in the trial OF civil
cases. 1t is undoubtedly true that
there is much in this branch OF the
administration OF justice that is per-
nicious aud subversiye of justice and
right. No man in the profession will
deny, especially those who have
practiced in the cities and defended
corporations, az seine OF this commit.
tee have done, that trials by iuties are
Olleu uluChClltb VI luStiSO. SouuooA
for the plaintiff, in such cases, often,
with little legal acumen, appeal to the
passions and predjudices Of juIiesand
and obtain verdicis founded upon such
basis alone. Occasionally, but we arc
glad TO say that we believe the in
stances are rare in our State, lawyers
are found who have peculiar
talent in manipulating juries by
unscrupulous and corrupt means,
aud by go doing degrade their
profession, defeat justice, waste the
time OF the courts and occasion untold
expense and embarrassment to liti-
giants who eeSk redress of their
rights in the counts. Often suits are
brought by such attorneys, especially
| against rich man or corporation (cor-
nora, ions are always rich when they
are sued in COURT which are utterly
groundless, IN the hope that by their
skill in manipulating iurie3 they may
either secure a verdict for the plaintiff,
or, what is more frequently the case,
chang the Jury" by one or more OF the
special fiends OF tho lawyer, who,
from personal motives, If from no
bsser reason, clu,d not decide the case
against him, however strong the case
might be made out on the other side.
Ofientimes one Juror, with no good
reasons, and who will not even attempt
to assign any, hangs the jury and COM
pes another long and tedious tssal 10
be had at great expense, or, to buy his
peace aud to get clear of the annoy
ance, vexation and trouble OF -.
INTERMINABLE LITIGATION, -
the defendant is driven TO compro-
mise and pay cut his money upon the
most iniauitous demands. Another
evil attending our jury system is that
many men about the cities, particu-
larry, have adopted 1t as a profession
or calling to serve on iuries. You will
zee this professional Juror serving on
the Jury at one term in one court, and,
somehow, inexplicable as it may seem,
at the pext term he turns mp in an-
other cont, either State or Federal.
He has ono quality that never fails,
and that isAe never wearies in his
"well doing," and greatly prefers a
case that it takes long time to try TO
. one of shorturAimensions he
, ia disappointed, and often complains
! to the counsel 10 The case il by some
, turn it is brought to conclu-
/ sion earlier than was expected
when the tiial was commenced.
q We hope we may be par
+ doned for relating an amusing episode
q in the practice OF one OF the commit
{ tee. occurring in the course Of II few
/ wears ago, illustrative OF the estima-
|, ton in which juries are sometimes
) held by litigants who are not over
3 scIupulOus themselves; X had sut
4 about mule in the Circuit Court
i against j, and felt unusual interest IN
/ il, heightened, no doubt, by the fact
n that he felt that his chances for sue
n cess on the merits Of his case were
h slim. On the morning OF the trial he
q came into tihv uouitU before IL . a:s:.;s::
!. opened and approached the clerk, 9
n yery genial and humorous man, and
q said to him, "a, have suit 70 be
A tried in your court today against old
!. r ] about q mule. A." be continued,
l. ''recollect, old fellow, l worked
II mighty hard for you In my deestrict,
Il and giving the clerk sly look ano
!. nodding his head, continued, "a, yor
y must speak good word for me to thu
n Judge, and pack the jury" The cleri
Of humored the jode, but the Jury II
"a that case was not packed, and II los
d. his case. While
1T GLAZING EVILS IN OUR JURY sYsrRM
10 exist, we are not in favor OF abolish
IN ING the institution, still believing
O. there is much good in 1t II properl.
to dealt with, and think that Legislation
re is needed that might correct, or q
as least mitigate, some OF the eviis ina
o. we have mentioned. We are oil opin
lie ion that the Judges should appoin
p, their own juries in every case. Let n,
ed regular Jury be impaneled to try CIV
no cases, but let the Judge look ahead o.
al his docket and acquaint himself wit
re the nature Of the cases to be tried, an
ny then make out panel OF Jurors Wht
X rom his knowledge OF the men, ar
,d- not only honest, but peculiarly quail
ne fed 10 try the case in question. l
Ia this way the most Impartial and II
49, telligent verdicts ought to be rel
~ dered and the rights OF htigants a
III tanned. Such verdicts the trial ludg'
re- would be SOW in setting aside, an
the EXPENSE NtAubiOh ohN NN--S -
ne trials avoided. While we are oil u
ie- opinion that oftentimes men get Z
on the juries by manipulation, and in q
ID interest OF some litigant or his attorne
for the purpoEe OF hanging the ia
II he could do nothing better, and IN
ng other corrupt practices are resorted !
in. still we do not believe that the who
ing bodies OF juriee, or any conslderat
VIC number OF them, except in rare cast
be are corrupted. We, therefore, are
ten opinion that the ends OF justice won
the be better attained II a majority oil 7
ate Jury, in civil cases, were authorised
be lind a verdict. II q bill may be pass
de. into a law by majority vote OF all !
his members to which each branch OF :
,m- Legislature Is entitled and II msloii
aw, Of the members of the Supreme Ben
act NAV declare and coustrue the ia
art, why should not a majority OF this {
1im partment, in the administration