New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-09
POPULAR OBSERVATIONS.
A JURORS EXPERIENCE.
AND AN APPEAL FOR JUDGE BARRETT TO GIVE HIS
VIEWS OF THE JURY SYSTEM.


VIEWS OF THE JURY SYSTEM
To the Editor OF The Tribune
Sir Your very suggestive remarks on judge Barre'
able article In The Forum strike responsive chord
In the breast OF every citizen. Yet IL 49, as you say
only step in the right direction, and every ono VINO
takes an interest in tho purity of the bench and the par
and In the speedy and sure administration OF JUSTICE CAD
but hope with you that no may, at some future tme
present his views at greater length should De glad
10 hear further from him, for instance, on the use anu
abuse OF tho jury system, which no touches Dut hghy
at the close of his article, and wholly from luaoia
point of view lie is satisfied that the principle OF
unanmlty will have to be modified but Is that the
only change he would advocatol Is It not patent to
him that tho age has outgrown the methods handed
down from the past and that whatever may have been
the advantages accruiDg to our fathers from tnae ou'
tress of bertyn as Lord Chatham felt moved to term
IT, its abuses, in these latter days, have Decome so
great as almost to outweigh Its usesf
My own experiences as Juror In one OF the minor
courts Of the city lately will servo as an Illustration
Being physically unable to sit any protracted case
1 went to the court armed with certificate from one
Of the first physicians In the city that it was I'LL
possible" for me to serve as juror at that tiho'
Tho Judge handed back the certificate to me with tho
remark: That Is not a legal excuse, sir.' Even II
It DO legal excuse" responded ut ought 70 DO
O sufficient onao "It Is not o legal excuse, Sir
have not jurors enough for my court and you must
servep Butt / demonstrated " other judges have
recognized similar certificate as Sufficient excuse
1T not legal excuse, sir" and wave OF the manu-
Informed me that might pass on
took my seat in the court room, inwardly debating
whether had not better go home and pay the nhe
imposed in such cases, when was agreeby surprised
by the announcement: Jurors not impanneled are
excused until Friday at 10 o'clock On Friday, not
withstandng severe rain storm, presented myself
In court again Just In time to hear: "Juros are ex-
cused until halfpast / o'clock this afternoon. At
the hour named was on hand once more, only 10 DO
excused with the rest until Monday at lo ociooA'
On Monday we were excused until Tuesday and SO
It went on from day to day. Each morning at 10
o'clock the calendar called, and each morning inc
clerk announced AS there is ready for trial,
Jurors are excused until 10 o'clock tomorrow morn
ing" on Friday morning, the last day of the term.
at last called upon to servo my country IN the
jury box. The case was suit brought Dy hquor
dealer to recover the value of bill OF goods sofa soho
five years ago to a slxth-aye saloon keeper. IL
needed but the proving of the account and Oh tho
receipts for the goods to insure the plaintiff his case,
and the jury were ordered to find for him without
leaving their seats. After the settlement OF this I'M
portant matter the jurors were invited up stairs paid
the sum Of fifty cents each, and discharged until half
past 1 O'Clock. It being then haltpast IL
had not time return home, but was obliged TO await
the reassembling of the court. How disagreeaDie
this was need not tell any who has ever done duty
as a Juror In one Of the New-York courts. was
present at halfpast 1, was impannelled again, and
my in the jury box. After about hvo minutes
detention the Jurors informed that the case 10 DO
tried had been settled the clerk Of the court sml
ingly handed to each his discharge for the term.
TO sum up, obliged to present myself a.
the Court House nearly morning for two WeeHs
and several times twice day, at considerable physician
Inconvenience and serious loss Of time for aV What
which required hut few minutes OF tech9cai
qulbbling on the part Of the lawyers 10 w anu NJ
SoM seng on a s' h pat
force citizen to do Jury duty under suen cSo ii
stances which am well aware Is matter s %no,E
OF requiring the attendance day after DAY OF an shtiro
panel of jurors and Of not compelling the trsi o.
IS cogged, would ask II it is not an absurdy IN this
nineteenth century to force the attendance OF any
DO left either to the discretion OF Judge, or at mos
to referee, How much greater Is tho a6sGrdity o.
Important literary pursuits at serious loss and give
two weeks of his time to settle difference between
am sure that every citizen liable to jury duty
undor laws would be glad 70 have an exposition
OF the Jury system In its relations 10 present pubic
needs, either from Judge barrett or from some Otner
authority competent We should like to know bis
man blessed with political influence habitually TO
shi Jury duty and call other men to the Court House
sometimes twice thrice In the year; of system,
which permits jurors to be summoned to court on days
before holidays. when there is no possibility OF
court being held, merely to be discharged until some
cnorance In Important trials and forces the educated
man to sit in Judgment cases which ought never
echo the opinion OF ali good citizens when say that
the time has come for thorough revision of our
jury system. If we must preserve the .buttress OF
liberty. let us at least scrape off its medarval moss
and mako It what It ought to bc-a benefit to the
Iltigant and not burden to him who Is fortunate
enough TO have nothing to do with the law:
JOHN D. CHAMPLIN, JR.
NewYork, May 1, 1888.