Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1889-07-11
The Golden Mean.
a SENSIBLE VIEW or THE NECESSl-
TIES 0E TUE JURY SYSTEM.

form of old abuses. The instinct Of
conservatism is so deeply planted
and widely spread; it meets and
battles him everywhere; Il forms a
safe and strong wall from which
shallow scoffcrs can shoot gibcs and
stronger foes can beat back and him
der the aSsailant.
Judge Hudson mas undertaken
work of that kind. Following the
lead of men eminent in his profcs-
sion, he is conducting, almost single
handed so far, 4 crusade against the
unanimity rule for the verdi of iu-
rirs. Jud &C lludson's position as Il
, lawyer and Il man demands respect
ful consideration for his suggestions,
and the high authorities he quotes
and the strong reasoning he presents
combine TO support that demand.
Like the other Judges who have dis
cusscd the subject, he passes over
the lawyers rs parties biased and
interested in the maintenance Of the
present system and appeals directly
TO Che people, from whom the change,
il change there is to be, must come.
1t appears to us that in this mat
ter, as i'll most others, there is safe
and proper middle course which has
much to commend tit compromise
ground between the abolition of the
unanimity rule in all cases ON one
side and the retention Of it in all
eases on the other.
We think there is Il difference in
the principle OF the jury system as
applied to criminal and civil eases.
In the criminal court the jury is the
country TO which the defendant ap-
rrals to stand between himself and
the prosecuting government, and to
pass upon his guilt or innocence, to
establish or destroy his character, to
take his life or liberty into It's keep
ing. In the civil court the Jurors
act simply aS arbitralors to deter,
mine differences between parties and
[" settle property rights.
In one ease the jury has in keep
ing the man himself, the highest and
most highly regarded of created
things, whose safety and happiness
are the purpose Of all laws and
forms of society. In the other there
is only question OF something be-
longing or attaching to man.
The law itself recognizes the diff
ference Of principle; for while to
convict an accused man the accuscr
must establish guilt beyond rca-
sonablc doubt, The decision in a civil
ease is governed by a mere prcpon
dcrancc Of testimony.
There appears to be a somewhat
finer distinction between different
classes OF criminal casrS-bctwccn
the grav'r accusations involving life
and liberty, and the lesser ones for
which the law imposes q fine, with
alternative Imprisonment. The Jury
charged with the duty OF saying
whether man shall be put to death
or deprived Of his liberty for term
Of years, and of his civil rights for
ever, appears to us to be in posi-
ton differing from that Of the Jury
that has to say whether or not a
man shall pay SO many dollars to
the State for having violated its
laws.
We think the great majority Of
those who consider the subject care
fully will conclude that the dctcrmi-
nation of civil cases by il three
fourths or q two thirds, or even Il
M! !iority, Of the jury would remove
hindranccs from the progress of
courts and promote substantial JUS
ticc. When nine of twelve impa--
lial men OF average intelligence are
OF one mind in a dispute involving
property il ought to be enough to
determine the result.
1t may be the same rule for the
trial OF petty criminal cases might be
approved by the public. But we do
not believe any people of Anglo
Saxon stock will ever approve any
change Of law which will hang a
man or imprson him for long term
unless the State establishes his guilt
beyond reasonable doubt in the
minds of twelve mon. Here in
South Carolina we will be tl., last
of all to favor any such change.
The people are not likely to forget
that in three instances their own
citizens and their state have been
protected in the Federal Courts by
one juror holding ont against eleven.
Ia.