Fergus County argus., 1889-02-07

worship God according to the dictates
OF his own conscience sent shudder
through the whole community where
1t was advanced. At the present day
we are able to see that, il this state
ment had not been made, and this
principle had not been repeated until
it became the shibboleth OF free people
everywhere. not only would the indi
vilual have remained bound with iron,
but all that we held tn he most valu-
able in religious belief itself would
have fallen into utter contempt. The
jury syst en- is now in the condition OF
t he churches, if the right of freedom of
conscience had never been secured. II
is falling into popular abhorance, and
its entire abolition has been urged
with force and reason. And yet, be-
cause OF the force OF habit, a prOpo-
sitiou to reform it strikes the average
man very much as the desire for relig-
ious freedom struck the ecclesiastica
authorities of the medieval age.
OF the bill introduced in the legisla-
ture by Mr.. II. +. Stevens, to enact
hat u vote OF three-iOurths OF jury
may render IL verdict in civil cases. We
have to remark simply that it is "a
step toward the salvation OF the jury
system. That system is in the throes
of dissolution, and nothing but such
"a reform as this cOntemplates can
save il from The condemnation of the
people at no very distant date. We
have not space to enter fully upon n
discussion oi the change which this
bill contemplates. But we could wish
that every member OF the legislature
might read the convincing discussion
of the American jury system which
Judge Caldwell. one OF its ardent ad
vocates, furnishes i'm recent number
OF the American Law Review. He
notes that the rule of unanimity in
Jury trials had its origin in the ages of
barbarism and superstition, when
trial by compurgation, by ordeal and
10y wager OF battle were alternatives.
II stands upon no sounder basis of
common sense or of justice than they.
II is the fruitful source of those delays
and miscarriages of Justice OF which
all the English-speaking world com
| plains.
A great majority of our jury cases
are no more than mere trials OF phys
zeal endurance. We do a little better
than they did who imprisoned a jury
without food or water, fire or candle"
until they should reach a unanimous
conclusion. But the compulsiOn is
equally great. There are both phys
zeal reasons and business reasons
which make it impossible for twelve
Jurors to consent to Imprisonment for
days because of disagreement, unless
the ISSUE is one Of life and death.
Probably no man ever served on a
I Jury who does not know that. in most
4 if not all of the cases brought before
him. the unanImity arrived at was
dishonest. II did not express the
opinion of twelve men; but the agree
meni ol the majority. and the coerc-
/ ION of II minority. Nor did this So
called unanimous verdict ever bring
consolation to he defeated party in "a
suit, or convince him that he was one
whit more in the wrong than ii five
men had voted to the end IN his favor
and seven against him. Another Of
! the evil consequences Of this rule is
/ the universal desire to escape Jury
service. II is citing difficult to secure
any but inferior men for luries, not
only because the court rulings usually
stipulate that they shall know moth
ing about the ease under cOnsidera-
! tion, but because business men are
iustiiiably unwilling to face the posi-
/ bility of hours or days of cOniine-
ment and actual suffering, because
one or two members of he Jury can
not be made o think as the oi hers do
| To state all the arguments against
the rule of unanlmity would be to
/ swell these comments into columns
II ctrrt f.u r1r111r,<SrtJffr,
| that l. the coercion Oi the human
mind and conscience II offers a pre-
mlum To the corrupt man, who escapes
/ punishment IT he can bribe u single
Juror or smuggle II friend into he box
1t l. the parent of innumerable fail
ures of Just ice, and Of repeated and
costly trials. II IL II rule unknown to
| thedctrrmInations OF he lAnch. where
nom the supreme court down, IN
matters involving millions. n ma JOrIty
deci,les. II Is as out Of place in this
age a. Noodool~m IN medicine. or he
coat of mail and the lance in modern
warfare. 1t has been the curse OF the
Jury system. and is bringing it into
disrepute that can end only in its
abolition by common consent. The
bill OF Mr.. stevens contemplates only
IA modest and gradual reform. II does
not provide for majority decisions,
but for verdicts on vote OF three
fourths OF the jury. 1t leaves crimi-
nal cases, where life or liberty or
character is at stake, to the old rule
But it Is IA long step IN the right direc-
ton, and help to the elevation of
the Jury system to the place which,
properly conformed to the age in
which We live, it ought to occupy. In
behalf of our system OF justice, in
behalf of the ancient institutions OF
the English race, in behalf the inter
ests of the people, and, most OF all, in
behalf OF the discredited and yet
sacred right OF trial by jury itself. we
ask the support OF the legislature OF
Minnesota for this benefcent measure
of reform.