The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-07-07
TRIAL BIZ jY2y,

considered certain to carry out the
law In Ireland all confidence in
their vcrdiets has so completely dis
appeared That the Crimes Act was
passed mainly TO dispense with
their action, and outside Dublin no
one can be secure that any jury
will punish any villainly, murder
included, il the accused can plead
that his motive was either political
or agrarian. In Italy the juries,
though otherwise far, cannot lie
trusted in capital cases; and in
parts of the United States the dis
trust Of juries, though little talked
about, is very deep, and is pleaded
as the excuse for lynch law and the
justification for vigilance commit
tees. There is suspicion that
money can be used with effect
whenever public feeling is not ex-
cited, and we have noticed in the
occasional swindles that verdicts
against powerful men have been re-
ceivcd with sensation OF relieved
surprise.
Even in England we observe that
in political trials there is often
doubt that the jury, and that lawyers
rely good deal upon the almost
pedantic legality which, for some
reason we cannot now discuss,
usually characterizes jury of COM
mon Londoners. There is probably
some exaggeratlon in many cases in
which verdicts are condemned, as
the jury see the witnesses and the
commentators do not; but it is diff
cult to resist the conviction that,
with the progress of the world
toward democracy, two other pro-
cesses are going on, viz, that juries
fall more and more under the iniu-
ence of opinion, of terror, and even
of corruption; and that the commu-
nifty is growing more doubtful
whether the great advantage hither-
to gained from the institution may
not in time be overbalanced by the
evils Inherent in the system, or pro-
duced in it by some modern innova-
tons.
There is belief growing that
what is called "opinion that is
the mass of feeling produced by in
cessant discussion, much eff it over
excited and much more very ignor-
ants becoming the main obstacle
to the just administration Of the
law, and that this "opinion," Which
is not without its weight even On
judges and magistrates, influences
jurymen to an injurious degree.
They are so affected, it is said, by
it that they can hardly weigh evil
dence and are constantly tempted to
obey the popular" desire SIS if il
were in some way a "higher law.
That temptation, moreover, make:
corruption easy, for it enables the
recalcitrant juryman to battle justice
by simply pleading an opinion, say
against capital punishment, OR agains
political trials, or against the police
which his fellow-jurymen know t,
be in other cases honestly enter
tanned. The inclination of juries
in fact, to legislate instead of obey
ing the law is becoming marked il
all countries, and tends to diminish
grievously the use of law itself as
means of keeping society together
There is very stern element il
opinion, as we'll as soft one: and i
acquittals in the teeth of evidenc
, grew frequent, we should soon Sc
, one of two results.
! Either the injuries themselve
would grow stern under the pres
n sure of opinion-as is the case no,
d in America in regard to Anarchists
n and in London in regard to rioter
= or the democracy would conser
quite willingly to thesupercession c
juries. 1t has no longer any reaso
!, to protect itself against oppression
!, it can remodel its own law at me
ment's notice; il is not afraid of til
judges, and it would, on caus
shown, consent to suspension {
: the democratic veto on the exec,
g ton of law. 1t would not be yer
!, difficult, even now, if a truste
= leader said it was necessary, to II
!. dynamiters by commission: and d
! mocracy dislikes other crimes whic
I, injure it quite as much as dynamic
= Ii the jury system grew lit
,e worse in Ireland, so that commo
T. murder was never punished, the IN
st jority of Englishmen would swee
r =, it away tomorrow; and if the san
,r evil occurred in England, the
would need no persuading. The
is another democratic utteran,
about nriminals hesida thai Of Il