Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-03-31
The Jury System.

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North has heard of "rebei atrocities"
This II the other side.
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The Jury System.
II would seem that On opponent OF the
jury laws OF this land must be hard run
for arguments when he finds in the recent
irregular administration Of justice IN New
Orleans q reason for demanding an I'M
provement or change In those laws. We
are not surprised, however. at the renewed
attack upon the jury system, For years
no doubt from time immemorial-that sys-
tenn has had enemies. 1t has been de-
nounced as antiquated. cumbersome. ana
uncertain in its operation. Whoever had
desired to see man hanged mthe Jury
sitting In his case had set free charged the
refusal 10 hang him as failure OF justice;
and, on the other hand. whoever had de-
sired 10 have q man set free whom the
Jury had found guilty and bad thus be-
come instrumental in executing, charged
it ms crime upon the part OF
the Jury that they had divided the respon-
sibility AMONGST themselves and hanged an
innocent person. Such grumblers have
always been heard in every English-speak-
ing country whenever an opportunity pre-
sented itself for such cranks to command
even for q few days the ear OF asympathiz-
ing public. The old-fashioned Latin OF
Magma Charta and the old-fashioned jus
tice 80 conspicuous for centuries as. the
product of the jury system Of England are
regarded by those cranks as worthy only
TO be consigned to the tomb of the CAP
ULRTs"
To denounce the jury system because
gang of conspirators in New Orleans sue
ceeded in intimidating the jury IN the
HEyyEssEY assassination case is as II one
should denounce an innocent and timld
traveller because he allowed highway
man to rob him ID 81 drrnis.
II is an unanswerable argument In favor
of the Jury system that under Its benign
operation was evolved the requirement
that every person charged with crime
shall be tried by q jury of the vicinage
or, TO use the words employed in the Con-
stitution of the United States. in all
criminal prosecutions the accused shall
enjoy the right to a speedy and public
trial by an impartial jury of the State and
district wherein the crime shall have been
committed, which district shall have been
previously ascertained by law" What
comfort this provision OF the Federal Con-
stitution gives TO innocent persons ar
raigned in tho Federal Courts for crime. no
one can estimate except persons who or
whose friends, have had togo to trial before
an UNDERWOOD. For years after the end
ing of the war between the States that pro-
vision was rendered almost imperative by
reason OF the bad character Of the judges
and other officials charged with the admin
istration Of justice in the United States
Courts. Great was the rejoicing in the
South when the THURMAN jury-law was
passed. Better, says tho common law.
"bettsr that hundred guilty men should
escape punishment than that one innocent
one should be punished"
Il is easy to denounce the jury system so
long as you have no secession to examine
into its character. but not so easy
when your personal liberty may de-
pend upon whether for an alleged
crime you are to be tried by
partisan, corrupt, and ignorant judge or
by jury of your countrymen sworn to
render true verdict according to the law
and the evidence The innocent defendant
relies upon @ jury as his sure protection
against wrong and injustice. A judge may
be corrupt and vindictive. A jury never.
To say that the jury system is uncertain
is to advocate that system. Let Us thank
Heaven that it is uncertain-so uncertain
that no one knows beforehand what the
verdict of jury will be. Let us hope that
we shall never have any bloody assizes" in
this country even if we should be afflicted
with Judge JEFFREYs once in q century.
Better that verdicts should be, as is
charged, "a matter Of chance" than that
they should be q matter Of certainty under
tho rulings of vicious judges.
Perhaps no person could give con-
vincing reason why petit jury in crimi-
nal case should consist of just twelve men.
Nobody knows why eleven, or ten, or nine
men would not be enough to give any de-
fendent fair and impartial trial. But the
fact is that the community has faith in q
Jury composed of just twelve men-no
more no fewer. 1t is not little singular,
too, that just one person is 80 often found
upon the jury who will not consent to
bring in the verdict which the other
eleven desire to render.
We concur in the opinion that there are
too many persons exempted from jury
duty. The best men in the community
ought to be the dispensers of justice in
CRIMINAL cases. A man should not be ex-
cluded from jury because he knows some
of the facts in the case. Formerly none
were considered competent jurors except
men who we're more or less familiar with
the facts. That was the original Jury of
tha vicinnoen