St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-12-02
A BLOT ON THE COURTS.
The Professional Juror Should Be ReIe-
gated to the Rear.
GAMBLING FOR A VERDICT.
Why So Many Minneapolis Verdicts
DEFY the Law and the
Evidence.

The last jury case of the September
term of court was tried last WedneS-
day, and the professional jurors who
have been earning livelihood during
the last three months by serving OH
juries, are again out of job. The most
Of these gentlemen are men who have
no other ambition than to earn living
as easily as possible, and to them the
sitting on a jury at So day is like find
ing money. Consequently after one of
them secures position as juror for
all entire term of court, he considers
that he is in heaven. He enters the
Jury box with the idea that nothing is
expected of him except to sleep through
a trial, and after the jury has retired,
to agree on verdict. He never cares
what the verdict is, or whom
it is for, and as he never
pays any attention to the testimony in
troduced during the trial. and knows
nothing about the merits OF the case.
One can easily realize how much justice
composed largely of professional jury
men. The "modus operandi' of agree
ing on verdict by one of these juries,
is as follows: After retiring to the jury
room, the old stagers get out their pipes
and tobacco and indulge III smoke.
BY proceeding in this way to agree on
verdict, the veterans give the court
plenty of time to empanel the jury for
the next case On the calendar, so that
when they finally render their verdict
they can be excused for the balance of
the day. At the same time they as
certain as nearly as possible
how each juror intends to
vote on the first ballot, and
by acting with the larger number cause
the minority. who are often in the right,
to change their votes and agree to the
verdict suggested by the majority. 1t
may appear little strange to some
people that juror who believes that he
is right should change his vote on a
verdict where thousands of dollars are
involved, simply because he is with the
minority, but such cases are very COM
mon, especially among people who have
been raised in cities and larger towns,
and who are in consequence nearly
always of negative disposition. The
next step taken is to proceed to ballot.
Ii the case under consideration is for
the recovery of money, each juror
writes on his ballot the amount he
thinks the party bringing the action
should recover, and these amounts are
then added together and divided by
twelve, the result being the verdict
rendered. In many cases where DAM
ages are sought to be recovered
for personal injuries sustained jurors
will write on their ballots amounts
greatly in excess of the damages
amounts voted by other jurors, and in
consequence. after the addition and dl-
vision process has been gone through
with, the verdict is often so large that
the court is compelled TO set it aside as
being excessive. In some eases where
jurors have failed to agree on verdict,
after taking several ballots, they have
decided the matter Oy game OF cards,
by drawing strawS, or by pitching pen
MES. These methods became SO COM
mon in the jury rooms few years ago
that people lost all confidence in trials
by jury, and the matter was finally in
vestigated by committee of lawyers.
They soon discovered that the whole
trouble arose from the fact that
the juries were composed largely
of professional jurymen. At this
time the lists from which
by the board of county commissioners,
and the charge was made that these
lists were filled with the names of pO-
litieal heelers and professional jury
men. At the earnest solicitation OF the
members of the bar the matter OF pre-
pairing these lists was taken frolh the
county board and given into the hands
of the judges by an act of the legisla-
ture. 1t was thought that the judges
would make up these lists regardless Of
the claims of politicians and ward bum
merS, but such has not been the case.
AS an additional safeguard the term OF
service of petit jurors was limited to
two weeks. so that business men could
he drawn for Jury service without en-
dangering their business interests. An
exemption clause was also made, so that
any person who had served as regular
further service for one year. This limi-
tation of the length of service as juror,
it was thought. would rid the courts of
the professional jurymen, for by allow
ing them but two weeks service in a
year it would compel them to seek some
other employment in order to earn
livelihood. This law for time had the
desired effect, and the familiar faces of
the professionals were seldom seen in
. the jury box, and both attorneys and lit
igants were exceedingly happy, and the
pro feSSionals were correSpondingly
! miserable. But, strange to relate, this
condition of affairs was but short lived.
Again the professional jurymen were
to be seen in the jury box, and seen
often. In fact some of them were on
deck nearly every time jury was en-
spaneled. An investigation was ordered,
and it was then discovered that the
Judges on the bench were but men, and
as men that their views were about the
same as the members OF the board Of
county commissioners. 1t was found
that one of the judges had discovered
flaw in the law governing the drawing
of Jurors, and that instead of it making
man Ineligible for jury duty for one
year after serving on jury, it only al
lowed him the right of exemption in
case he wished to escape such service.
The Judge further held that the court
had the right to fill vacancy on a jury
by appointment and to continue the
term of service of such appOintee
throughout the entire term of court,
unless the juror claimed his right of
exemption after serving two weeks.
send 10 the professional jurymen. and
they lost no time in taking adj
vantage of it. The consequence
has been that so many of the profess
SIGNALS have secured such appointments
that the juries are in about the same
condition as they were when they were
made up by the county commissioners.
1t is also said that the same old meth
dds of deciding cases in the jury room
by games of chance are again in the
same favor with the twelve good men
and true, as they were in former times.
The members of the bar are, however,
wide-awake Oh this matter, and the leg
islature will be asked to remedy the de-
fects in the law so that a person who
has served as petit juror for two