The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-10-15

natural prescience. o'
~
The genesis of the Jury system is h,
nomeans certain. 1t first attained /!
systematic development in England
out whether its basis principle was in.
Irouuced by Angle, Saxon or Morse.
4 man, borrowed from the Gallic-Ro.
mans, brought from the Orient bv the
crusaders or developed from, the
natlVe Celtic customs, antioua-
rams find difficulty in deciding
IL really matters little whether we
are indebted for it to the semi-mvtb.
zeal Alfred, the legendary Hengist or
That mailed marauder, William of
Normandy, to whom titled English
nlncompoops and dead beats DELIGHT
to trace their lineage; certain il is that
during the past five hundred wears lis
development has been in the
wrong direction, and it is not
today as well adapted to secure JUS
tlce between man and man, as it was
when Henry Ii. permitted towards to
decline the trial by combat for that bv
asslze. In olden times the jury was
composed of the witnesses, was Sc
lected from among reputable citizens
OF the nelghborhOod who were sup
posed to know most of the cause they
were called upol to decide, and who
might refuse to take into considera-
ZION the testimony of any or all wit
hesses. Now instead Of selecting those
who knew most about the cause thew
are to pass upon, we select those
VINO know least. Instead of
"aftorcing the assizen by getting
twelve good men and true who will
agree Of their own accord, we gather
twelve Ignorant together and, after
pumping law into them which they
cannot comprehend, and surfeiting
them with testimony which they are
to analize or unable to
remember, we allow a dozen or so
shyster lawyers to befog them with
their sophistry, to drive out what lit
tie Of the law and evidence may have
found Judgement in their befuddled
brains, then lock them up until the
most obstinate jackass in the crowd
coerces the others into submission OF
drives them to open revolt!
In simple cases where the law is
plain and explicit, twelve honest men,
possessing a personal knowledge of
the facts and acquainted with the par
ties to the suit, may be expected to
render a righteous verdict; but what
can we expect of a know-nothing
jury, gathered by chance, where the
testimony is conflicting, the interests
involved are intricate, the law am
biguous, the attorneys adopts in the
art Of obfuscation and the bride giver
is ever active?
Even were our juries always COM
posed of men of the stYietest integrity,
still we might expect many miscar-
riages Of justice. The average citizen
regardsju jury duty as an irksome task
to be avoided if possible. He chafes
under the res traint, is in no condition
of mind to analyze great masses of
evidence. Even if he can get his
thoughts off of his neglected crops,
his workshop or his store, and con-
fine them strictly to the cause in ques
ton, his mind has had no judicial
training, with skillful attorneys to
mislead him, he is apt to mistake the
non-essential for the essential, or suf-
fer his pfejudices to be so played upon
that his verdict, while conscientious,
! is infamous.
1t is safe to say that fve-sixths of
the verdicts rendered by juries are
compromises-are not the verdict of
twelve men, but of minority, who,
being strong -willed or stubborn, over
ride the majority, who are chiefly
interested in getting through with
the business, that they may receive
their discharge. And this is "the
great bulwark of our liberties! the
handmade of justice!n Why, the
laundering of petit jules long since
passed into proverb!
About the only than can be predicted
with any degree of certainty is thai if
the suit is against railroad company
/ the corporation will get the worst
of it.
1t would be some improvement,
doubtless, to substitute the majority
$ for the unanimous rule in making up
r verdicts, but there would be some loss
, to offset this gain. While it would rob
the stupid and contrary blockhead OF
1 the "fixedn juror of his power for evil
e it would also deprive the man capable
p of rendering an Ineligible and right
eous Judgment of his power for good
While on the one hand, it would pre-
t vent a stupid or perverted minority
e overriding an Indifferent majority, on
! the other, it would estop II wise and
= iudicial minded majority acting as a
}, check upon a blundering CT viciens
majority. ,..,.,,,o ,oo
# complex for the jury system and T'e
y must find substitute forit. When 8
g nation is composed of but few people
IS they can all assemble in council and
e make laws; but when they become
!, numerous, and national interests com
Il nlex pure Democracy must give place
is 10 representative government OF
h monarchy. In small state every
II freeman may properly be expected t.
= he soldier as well as cltiAen
" Int when the hundreds swell
to millions, division of labol
n and greater proficiency in eaef
If department becomes possible. IL is u
- foolish to expect every citizen to leave
y his farm and workshop to enforce tht
y law as il is to expect him to ASSIST III