The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-08-29
Tho Latest Attack on Trial by Jury.

Tho Amer can Bar Association has been
In session this week at Boston. On We'd
nesday the Committee oh Remedial Pro-
coiuro presented n report recommending
tho support OF tho legislation which should
provide for verdict by three-fourths OF the
Jury IN civil cases. There was a minority
report from the same committee in favor VI
the existing system which requires unanim.
lily In the jury before a verdict can be rem
dercd. After long discussion, the assuria-
& N decided L. postpone the further con-
alteration ~ tho question until its next
annunl meeting.
This action was wise. But It would have
been wiser To reject the Recommendation
cont lined In the majority report at this
time finally and forever.
There is no general o" widespread iack Of
coniidnn"c in tho system OF trial by jury, or
desire to change It.. The demand for its al.
oi.ion az any substantial alteration in II
Comes Tor the most part from :nen uf con-.
para'iv"'y little p:art'ca! experience In iur%
trials. j. has ~ support among the peo.
pie at lnrs', notwithstanding tho r.dicu.
louS declaration Of Mr. CHARLES e.. Ian
CASTE" 81 WashIngtcn, in thc course ~ the
caba'. it Boston rn TAurslai'. 10 the effect
that tine business rumr'ruity already de-
hnnd Ia" abolition az TIE jury system in
civil ca-"s, and that within five years the
Jury system cxcen. in criminal cases will
be practically abandoned. Tits gentleman
Cannn. Envn u very accurate knowledge Of
American constitutions! law or " methods
o. litigation throughout the l'uion.
In support Of the proposition to allow
thrcc-tourlhs verdict in civil cases. Instead
OF requiring the jury to be unanimous the
principal argument seems t. be that Ii will
ptovcnt disngreenants by rem !erins 1t i'm
possible for one jur!man ~ stand in the
way OF verdict. Practical experience
shows however, that the comparative num-
bar OF disagrecments brought about 10y the
action OF one juror Is very small indeed.
The great advantage Of requiring Il unaui-
nous verdict Ia that in doubtful cases one
member or two members Of the jury, by re.
fusing to concur at once with the views OF the
Others, may insure an adequate discussion
OF the facts such as could not be had under
other circumstances. The ability Of a few
Jurors thus to enforce full and fair detera-
ton before arriving at conclusion, fire.
quently results In changing the views OF the
entire body. 1t Is difficult to overestinate
the Importance Of this feature Of the jury
system as it exists at present. and the Ell.
cheney OF trial by jury as an institution OF
free government would b seriously lessened
by dispensing with the requirement Of
unanimity.
The two members OF the American Bar
Association who dissented from the report
OF the Committee on Remedial Procedure
and presented minority report in favor OF
retaining the unanimous verdict were Mr..
1nJv NJ CApv M Nilxvu liz n md Mn Do
d. BENEDICT OF Brooklyn. We have not the
pleasure OF knowing who Mr. CAgYis, but We
know all about Mr.. BENEDICT He is a
brother OF Judge CHARLES l.. BENEDICT
OF tho United States District Court
for the Eastern. District of New York,
and Is one OF the leaders OF the
Admiralty Bar Of this city and indeed
OF the country, as well as a prominent prac-
titioner In the State courts. Few men are
moro competent than he to compare the
relative advantages Of trial by jury and
trial by the Court without a jury; and the
protest OF so able and distinguished law
ser against the proposed change in the jury
system Is most significant and satisfactory
No doubt improy cmentS may be- effected
In the direction OF securing more intelligent
Jurors than are always now obtainable in
the Ioat cities. This conld be done perhaps
by shortening tho term Of service to q week,
by lrsseninG tho number Of exemptions
and by enforcing the performance Of jury
duty Oh The part OF all those legally
liable to perform it, consulting, however, 50
far as possible the convenience Of the citi-
zen in respect to the particular ti,ac OF tie
year in which he should request 20 serve
But, 30 far as tho main features Of thu jury
ata,,, .,,
with ii is 10 10. it absolutely alone.