Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1889-12-26

all proDaDle tnat the general puDiic eV-
er will know. We do not believe that
those most guilty have yet been reach
ed. We believe that they have con-
cealed their hand so cleverly that they
never will be reached. The tools of
the conspirators are the ones who have
fallen into the meshes of the law. That
some of these tools have escaped and
that Others have partially escaped is
owing in part to an obstinate juror.
There are some things about this trial
as related to the jurors that ought to
awaken reflection in the public mind.
1t seems little singular that the dis
cussions of the jury room should be
made public at all. We supposed that
the deliberations of twelve men in the
process of making up verdict, espec-
tally where life and liberty are at stake,
were to be forever concealed from the
knowledge of the public. Trials are
public. Evidence brought ont in tri-
al is matter of common talk, but the
method by which men. chosen for the
purpose, form their opinions as to the
value of evidence should be held as
closely to the jury room as the opera
tions OF the mind by which a man forms
an opinion are locked up in his own
breast. 1t ough; not to be known who
obstinate jurors are. 1t ought not to
be known how many ballots are taken
in the jury room. Nothing that trans
pires in the jury room should ever come
to the light. 1t should never be known
who are obstinate jurors, ,obstinacybeing
a matter of opinion. Men are not usu-
ally anxious to serve on juries. 1t is
not treating men properly to hold them
up to the abuse of the public for doing
their work in conscientious manner
simply because they do not satisfy the
public. As long as the jury system
prevails, its continuance being matter
for the public to decide, the public en-
trusts Jurors with the settlement Of cer-
tain matters that belong to the public
welfare, and beyond that it should have
nothing to say. When the feeling gen.
orally prevails that the system is not
good then let it be modified or dropped.
So long as in theory it is held to be the
palladium of our liberties, let it be held
SO in fact. Do not by system of pub
lie abuse dragoon men into rendering
verdicts that shall please the public.
The present method of treating verdicts
tends in this direction. 1t is exceed
ingly difficult to make up jury in a
case. There is an endless
of legal quibbling in the selec-
ton of jurors, and it would be strange
if some men Of peculiar mental con-
struction did not find their way on to
the panels. This may have been the
case in the Cronin jury. tits only ex-
pected of jurors that they shall be rep
of the average intelligence
Of the communities from which they
are chosen. You can hardly go out
and select twelve men at random and
not include one or more whose thoughts
10 not run in the common groove
Each man is unlike his fellows, but now
and then one diverges widely from all
he rest. Inasmuch as such men are
liable to be placed upon juries, the ques-
ion comes up in regard TO yerdicts,
should their unanimity be insisted up
IN? Persons on trial may believe the
present way best, but the ends Of just
ce may be surely gained in important
ases by requiring that not more than
wo-thirds or three-quarters of jury /
,anel shall agree. So much of the
ifiiculty that now arises would then be
vercome. Cranks could then be ruled :
ut. But aside from all this discussion D
yas the Cronin verdict very far from a
ist one? 1t may be said that if these ?
len were guilty at all they were guilty : J
murder. But it should be remem- :
cred that their guilt was not matter r,
absolute certainty. The extent of G
leir guilt could not certainly be known. :
here was room for doubt or the elev- !, =
J jurors would hardly have given way
n-sl.- tb.. 4Lo.. = -.