Daily Yellowstone journal., 1889-07-12
DISCUSSION NO. 3.
The Value and Benefit of the
Petit Jury as Vieweo from
Several Standpoints.
T. c Multitude Of Reasons which
can be Urged Against il with
None in its Favor.
ABOLISH THE PETIT JURY.


Expense il always one of the great
considerations in the mind of a pro-
posed suitor in an action at
law. If he is not blinded by
vindictive desire to take the
law on" his proposed defendant
and Thereby willing to sacrifice 10 the
dill Of costs and the fees of his lawyer
the entire sum or thing in controversy
so long as he deprives hlH opponent OF
II and thereby "get even" with him,
If he is not Influenced by these feel
ings, we say the matter Of expense is
something which the prudent suitor
will give considerste attention TO
wheL he contemplstes seeking TO sus-
tain his rights at law. In the item OF
expense, the cost Of summonsing. EN-.
paneling and the per diem of u jury
figures very largely. The time con-
sumed in getting jury, in the exam.
instion personally by the opposing
counsel of each individual who is sum.
mOnsed TO go on the pannel, con-
sumes a great deal of time, and time
In court is money; indeed it is not an
uncommon occurrence that an entire
day is consumed in selecting a jury,
while in criminal cases which have
caused considerable furror in the COM
munity, hundreds OF persons have
been sunmonsed before jury was Sc
cured. All this consumes time and il
Is expensive. Every summons that
Issues for q juryman means fee to
the clerk and a fee TO the sheriff ard
the charges Of the attorney is large OF
littleSccordiDg to the time and work
employed on the case.
Then there Is the question of sim
cere deliberation CT case which falls
in the hands Of jury. Assuming II
to be possible that there could be got
ten together from any community a
body of men each OF whom would be
honest, without bias, and sufficiently
learned and intelligent to comprehend
in its fullest sense what Is going on
before him, an assumption contem-
plating more than is found iu daily
practice in courts, would a case be
given that cautious and logical con-
sideTation which judges would give
it? II Is one Of the sayings In law
that y suitor who Is decided agsins,
should be guaranteed the satisfaction
Of knowing that his case was carefully
considered. But does the jury dc
this? Who ever saw twelve men In
jury box with note books, taking
notes Of evidence trying to remem ber
it? They decide not according tc
logical deductions and judgment, buI
according 10 impressions which they
are frequently unable to determine
how they acquired. Then the verdict
do they frame a statement IA to thei
findings and the wherefore of them
Not at all. Their verdict is either o
the two Grabbed phrases, "guiity" o
mot guilty. or "for the PLAINTIFF o
"for the defendant" and neithe
plaintiff or defendant, prosecutor o
prisoner, knows what part of the cas-
lead the jury In reaching their conclu
sious, a matter with which they woul,
he entirely familiar were the verde
rendered by a judge backed by hi
written opinion, and which it ls some
times desirable that a suitor shoul
know, as It determines in his min,
the question Of appeal.
Then the question of certainty en-
ters very largely into the mind Of tn
proposed suitor. How many elaboI
ately tried cases are there where al
most endless time and money Ia con
sumed that 40 10 nought because th
jury before whom II is tried disagree'
Might as well have tried II before
lot Of british beasts; the result woul
have been the same. Then II must b
tried over again and more expense I
follow, and more loss OF time and ac
emulation Of trouble.
Then again how often is II that III
verdict of a jury is sci aside, and tba
10y reason Of toiue technical crook q
error or what other whatnot that th
learned counsel for the one side or tb
other didn't perceive la the course q
The trial? There Ia no other way o
securing a verdict upon fact olhe
than from Il jury, and that verdict
set aside; hence, the case must be lrie'
over agair with the attendant loss.
ThesultOr secs all this. He under
stands that the jury Is an institution
which a lawyer with a good case dis
trusts and one with desperate case
willing TO take his chances With, oite
a A 4 A NJ HaHs