The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-12-27
THE SYSTEM TO BLAME.

The Jurors who tried the CRoNIN con-
spirators in Chicago are coming in for a
severe scoring at the hands OF the press OF
the country. Very little is said in their
favor, the condemnation being general and
the denunciation very bitter. 1t doesn't
seem to occur to these writers that per-
haps the jury 81 stem is quite as much to
blame as the Jurors. We regard that sys-
TEN as responsible for the failure of justice
IN this case, as it is in so many cases which
are decided in the courts every year. AS
we understand it eleven Of the CRoNINo ju-
rors were agreed that the defendants were
guilty as charged and should be hanged.
The accused were either guilty and de-
served the extreme penalty Of the law, or
they were innocent and should have been
discharged. They were not partly lnno-
cent and partly guilty; hence the life i'm
q great deal too much, or will fall far short
of satisfying the law.
One Of the jurymen, however, insisted
that guilt had not been clearly established,
and he wo not, therefore, assent to a
verdict of murder in the first degree He
was firm and determined. No argument
could move him. The most that he would
do would be to impose life Imprisonment.
If he could not have his way there would
be disagreement and another trial, with
all its annoyance, trouble and expense,
even admitting that it was possible to pro
cure another jury in the county. All this
was laid before the twelfth juror, Culver,
but it was without effect on him. Then the
eleven come to his terms, and as they have
explained, agreed to the lighter penalty
rather than permit an entire failure. 1t
is urged that they should not have yielded;
that by giving way they confessed weak
ness unworthy good citizens, and demon
strated what was not brought out during
their examination for jurors, that they
were unfit to sit in the case. The argu-
ment is all well enough, but looking at the
matter in the light of common sense, did
not the eleven do the very best for society
that could have been done under the cir
cumstances? The law in regard to murder
was-made mockery Of but was it as great
mockery as would have been disagree
ment involving, as the latter might and
probably would have done, the dis
y
so when it had been shown that it was i'm
possible to give them a second fair trial?
The eleven, in our opinion, really acted for
the best, everything being taken into &C
count, though it can hardly be claimed
that their verdict was in strict accordance
with the law.
That such verdicts can be returned, and
they are returned in four cases out of five
we mean compromise verdicts-is due to
the jury system which encourages them.
AS long as we insist that twelve men shall
agree on any proposition, shall see with
one pair of eyes, hear with one pair of
ears, and consider with one mind, so long
will there be jury disagreements, com
promise verdicts and failures of justice
In the very nature of things this must be So
The remedy for what all admit is an evil
will come when unanimous verdicts shall
not be required. Right and justice will be
arrived at as regards both the community
and individual suitorS when two-thirds or
three-fourths the panel can find verdict,
and the one stubborn, ignorant or corrupt
juror cannot bring to naught or to his
terms the efforts of the court and the eleven
intelligent, upright men.
Let US not condemn the eleven CRoNIN
jurors who thought it better to obtain
some results from the long and expensive
trial than to have all the work of them
selves, the court, the officials and the COM
munity come to nothing. Let us rather
add this case to the long list which cries
out for change in the almost absurd jury
system.