Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1889-07-04


ton of civilized people, much more so
when it has occurred ia a civilized
community.
All this supports but one line OF ar
gument, to-wit: The gross inefliciency
OF the present jury system. That it 10
possible for corruption torun rampant,
for partiality 10 exist, for oaths clothed
In the most solemn veftiBg. Of the
vernacular { BE- turned into a mere
farce and disregarded with ribald
laugh, is all too apparent 10 everyone
and We know that it does exist. The
fever OF indigestion i1cldenl TO the
shock conveyed by the intelligence OF
gross outrage having been perpe
trsied soon subsidies, and when trial
approaches IL frequently occurs that
morbid and i'll directed sympathy ex-
ists in favor of the outrager, and the
community that five minutes after the
crime was committed would hsvo
swung the criminal from a limb of the
nearest tree. five months from that
time are prepared 10 listen with a
measure Of indifference 10 verdict o.
freedom pronounced by Jury Of his
peers which too often mems body
of the roughs and toughs whose own
existence would be endangered by q
ul niiestariLn Of firmness ou the part
Of the better element.
Tne requirements of the modern
juror, is primarily, that he should be
fool. seconcarily, an ignoramus and
perhaps knsve. He is rigidly ex-
smiDed as to his general knowledge Of
The pending controversy and If he
exhibits any learning upon the sub
ject he is challenged for cause or ex-
cused pereDptOrily for reasons best
known 10 the challenging party. The
solid uen Of the community consider
the compulsory ser sice upon the panel
AN imposition aud are profuse In their
expostuations with the court against
their heing conscripted into the ser
vice. Being excused, as they frequent.
ly are, the jury is left to he framed
from the number Of mendicants and
hangers-on who lurk around the court
house like the English straw bailor,
In expectation Of being either called
upon to serve on jury or coached rs
a convenient witness, so that when q
petit jury il framed, the "learned
brot herr for the one side or the other,
rises 10 address dozen men not one
Of whom, II frequently happens. would
he invite into his pslor, and from
whom not one business man OF the
community would request confer
euce upon the very matter which they
at this moment are called upon to
officially adjudicste. 1t IL, indeed,
putting the proposition lightly when
we say, that no other institution under
our civil form of government presents
a record Of so many glsrlng individual
instances Of unfitness and inefficiency
in office ss does the petit jnry.
II is formed Of timber taken from
any class of society, without a particle
Of consideration Of the mental qualifi-
cations OF the moral fitness of the sew
eral individuals. II listens TO the case,
ronders its verdict without RESPONSE
billiry and when once dispersed, dis
seminates into obscurity without feel
ing that II will ever be called upon bv
either public opinion or private inter-
est, 10 stand accountable for the deed
| II has done.
The petit jury should 90 with the
grand Jury. Il lisa pant Of that fabric
worn threadbare by time whose patch.
- are sores In the eyes Of every true
man. II has had its day aud has
lived Il through, and now its very
prest nee is n continuous call for its
sepulcher and its epitaph, which should
be "Not good while lasted, and last
I'd while | wasn't good"