The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-03-17

TRIAL BY JURY.
Public opinion in the United States,
stimulated by innumerahle and glazing
miscarriages Of justice. for many years has
been steadily ripening to the conviction
that radical remedies are needed in our
system Of trial by jury. Events are immi-
nent, international in their character,
which inevitably must WELD powerful
influence toward focusing this sentiment.
In its origin. as q protection to the hum
bier subjects of monarchical governments
against tyrannical abuse Of power by the
sovereign, or against the sapping of public
liberty by encroachments of the crown.
trial by jury Of their peers was an ines
Unable boon, and came to be regarded as
sacred institution. To these humber
subjects it at the outset appeared-and no
doubt they were justified in their opinion
that their chances for even-handed JUS
tice in trial by jury. no less than in di-
rect appeal to a judiciary appointed by the
crown, largely or in some measure de-
pended upon the exclusion Of courtiers or
members of the privileged classes.
But through corrupt influences or the
exercise Of casuistry this idea has been re-
fined until in most or many instances the
empanneling of a trial jury is simply a
tedious and careful selection Of the most
ignorant and uniformed members Of
community. who do not read, are destitute
of opinions or ideas and are stupidity in-
different to current events. As q conse-
quence, almost without exception in any
part of the United States, the verdict of
jury does not, apart from other and indie
pendent knowledge concerning the case or
the subject, even family impress. much
less convince the public mind that it either
absolutely or approximately expresses
wise or just conclusion.
All over our country, and alike every
where, it has come to pass that there is
positively not one particle of confidence
that just and righteous decision has been
reached. simply on the ground that trial
jury has rendered q verdict in respect to
it. Everywhere the uncertainty of jury
trial as means of assuring justice has be-
come byword. And thus this institution,
in its origin priceless boon and for gen.
crations held sacred among all English
speaking peoples, has, at least throughout
the United States. fallen into contempt.
This places as at great disadvantage
in our dealings with foreign countries,
which is likely soon to be made apparent.
These. in matters affecting their subjects
resident in this country, will deem them
selves justified in assuming that if those
subjects have been charged with crime,
tried By jury and acquitted, in full com
pliance with our laws, such fact must be
conclusive of their innocence. We, Of
course, know better. Our innumerable
bitter experiences have taught us that a
jury verdict. uncorroborated by other
knowledge or evidence, is so far from
being conclusive that it does not even
raise an cverbalancing presumption.
OF this tenor is the confession we viii
soon be compelled to make TO the nations
of the earth. We must inform them that
jury trial is the center Of our whole system
of protection to life, liberty. property,
social and political rights, and that We
have so manipulated our jury system that
it Is totally unreliable as a means to the
attainment of justice. We must confess
that our submission of case to q jury,
even though the safety of a whole COM
munity may depend upon a correct
decision, does not at all imply that the
members of that jury, or majority of
them, are competent to pass upon that
or any other subject intelligently, or that
they are reliable TO decide it honestly.
These viii be bitter and humiiiating
admissions. But they are true, and the
time is near at hand when in the sight of
all the world they viii have to be made.
But it is to be hoped that this will be for
the last time; that the necessity for telling
the humiliating truth will induce reform.
1t is to be hoped that it will induce the
adaptation of our jury system to the fact
that here the people are sovereign; that in
the eyes of the law we have no courtiers
or privileged classes; that each citizen is
the peer of any other. and that society, in
order that it may enjoy certain and ade-
quaie protection, and to the fullest extent.
demands that the best intelligence, or at
least the average intelligence OF CON-
munity be drawn upon the composition of
juries to try important cases, which of
course would include all cases involving
capital punishment, human liberty or the
disposal of large estates.
1t is about time, it is high time, if We
would avoid national disgrace it must not
be delayed, that all rules which tend to
make intelligence. character and pubic
spiri, disqualitcasions for jury duty be
stricken from the statute books. So much
depends upon our jury system-including
the national honor. it seems-that society
has right 20 demand. and must insist,
that jurors shall be qualified to weigh evil
dence and shall be men of high repute and
good standing. Ii is no less imperative
than that the judiciary shall be thus
qualified.