Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1889-07-18
Il. ElO WEB, il, g g Jj,IsI r.
81 /, RaroslpsoN, sIIT,I = JAYNEs
TIIURsDAY, JULY IS, 1889,
The Jury System.

great deal has been said Of late
slabout the imperfections of trial by
petit jury, and suggestions have
been made by rsome deep-thinking
4 men who believe that the existing
evils can bo corrected. Certainly
trial by jury is the grandcst Of all
systems ever devised by man for the
determination of causes, and with
all its alleged imperfections, even if
they were irrcmcdiable, it would
never be abolished by tho English
people. BY it the people
have a voice in the trial and dctcr-
ammation of their controversies. Cen
turies ago, by tho verdict of jurics
mold England, many principles of
our law and liberty were settled.
To-day the jury system is imbcddcd
in tho ground work of our iurispru-
8dencc and its constitution, and it is
Justly styled the palladium of all our
liberties. Hence, even the most ex-
tremp reformers do not go to the
length of advocating its abolition.
The question is, do the alleged i'm.
pcrfections exist, and if so, is their
remedy practicable?
In speaking of the imperfcctions,
care should be taken to distinguish
between the abuse and the use of
this admirable system. If in some
instances, in tho hands of incompc-
tent or corrupt jurors, the results
arc not satisfactory, the criticism
should be of the persons composing
the jury, and not of the jury system.
There never has been and never will
be perhaps any system of trial de-
yised by man that cannot be abused
by wicked and designing men. But
take it for granted that the jurors
are competent, honest and conscicn-
..tious; that they are "good and law
full men," does the system, in its
practical workings, injcrposc any
unreasonable impcdimcnt to The just
\ and speedy determination of causes :?
8 In criminal trials we arc unable to
see that it does. When Il citizen
stands charged with any criminal
offence, the evidence adduccd should
mt least be sufficient to convince
twelve of his peers of the truth Of
the charge, before verdict, dcpriv-
ing him OF liberty or of life, should
be rendered. 1t is an old maxim of
the law that cit is better for ninety
and nine guilty men to escape than
for one Innocent man to suffer-"
This is but another way Of express
ing the old truth that ''two wrongs
never make right" The criminal
courts are not organized for the pur~
pose of securing Il conviction, re-
gardlcss of the guilt or innocence of
the accused. Their purpose is to
punish crime and crime only. The
judicial conviction and punishment
of an innocent man would never
atone for the crime alleged to have
been committed, nor could it have
the salutary effect of dctcrring evil
docrs. Should the punishment of an
innocent man he capital, it would he
nothing short of judicial murder
Hence VIC hope the time may
never come when The Anglo
Saxon race, justly distinguished
among the nations OF the earth rs
the guardians of life and OF liberty,
will condemn any human being for n
criminal offence except by the mani-
nous voice of twelve Of ',c'r peers.
But in the trial of causes pertain
ing to the rights of property cxclu-
sively, there may be some reason for
adopting the change so zcalously ad-
Vocatcd III our own State by Judge
Hudson and by eminent iuriSts in
other States. The ability and char
actcr of these learned lawyers and
Judges cntitlc the changes which
they advocate to the calm and scri-
Gus consideration of all the people.
In tbn trinl Of civil couvnc , ,n,;
ty or two-t irds Of the jury finding
verdict, would often prevent mis-
trials and consequent delays in de-
t'rmining the rights to property.
Such a change might be tried, and
if found unsatisfactory, it would not
be long until the unanimous verdict
would be again demanded.