The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1888-07-25
Against the Jury.


cent banquet given in honor of Judge Gar
land at the Sheridan house in Bismarck,
took advantage of the occasion to make
some good points upon our jury system and
start the ball rolling. He spoke to lawyers
and spoke for the purpose of provoking dis
cussion. He saw possible statehood for
two Dakotas, and in making our constitu-
tons we should take and accept what expe-
fence has taught us. Discard the obsolete
and adopt the new and the best. We have
outlived the jury system, and thinking with
the most advanced minds he would abolish
the grand jury, eliminate it entirely. He
would substitute the district attorney, elect
ed for a judicial district and not county,
and empower him to examine all cases and
present such for trial as in his judgement
demanded trial. A trained lawye: would
speedily and accurately dispose of the bust
ness that now comes before grand jury.
The expense of a grand jury is now heavy.
At least sixteen inexperienced men must be
summond and held until the jury adjOurns.
The per diem, the mileage and time exhaust
ed in investigation of cases constitutes grave
pecunlary objections. The grand jury,
however. is a relic of an effete system, and
as is we'll known, is open to the gravest
charges. Gen. Hughes said he would abol
ish the petit jury in all civil cases. The
manner OF selecting and the qualifications
of the jurors are the serious objections to
the petit jury. A merchant, a farmer,
banker, labOrer, transformer from
all trades and all sorts of mental training,
are called to pass upon questions that re-
quire trained and disciplined minds to de-
termine. A man who has good case
wants an intelligent jury, but our system
of summOning, excusing and challenging
makes it almost impossible for him to get
it. The general amplitieS this fact as every
lawyer, litgant and observer knows he can.
and makes out a case that should command
the earnest consideration of the state
makers of both DakOtas. He knows that
men are swayed by every passion and are
controlled by the most irrelevant matter.
He admits that sOpihstry is substituted for
argument and that jurors are played upon
as the musician plays upon the fife. The
verdict Of jury is accepted as conclusive.
except where the same is glarngly wrong.
The court is slow to set aside verdict, and
the evil consequences of an erroneous YER
dict will survive. The lamentable uncer-
tainty of petit jury is the common prop
erty OF all humOriStS and every jester, pri.
vate and public. 1t needs no illustration.
We all know it. The expense of the petit
jury is great, the delay vexatious and the
outcome probematical. A great number
Of cases go upon the calendar because there
is trial by jury, chance of winning.
right or wrong. Abolish the jury and
vicious litigation will disappear. The SUBJ
stitute for the jury is the judge, trained,
fair and honest. 1t these radical changes
could not be effected, the general would
work for reform in the selection of jur-
ors. He would have them selected by
commission. He would abolish the unan
nifty rule and make the three-fourths suffi-
cient for verdict He would then enlarge
the powers of the courts over verdicts. In
making our constitution we are not hand-
capped by our nationl constitution. Itdoes
not limit us in this particular. In United
Statds cases there must be trial by jury, but
not in state and territorial. We can make
our constitutions sound on these points. if
sound they be. and many others our instinct
for state building will suggest. The law
yers should take up the generals points and
discuss them in points. Discussion means
the truth in time.-Bismarck Correspond
ent Pioneer Press.