The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1891-09-29

elects senators, a majority of voters
elects congressman, a majority In
each branch of congress makes the
laws, and a majority of the SUI.
preme court interprets them and
renders the judgments of that au,
gust tribunal which are of such
vast Importance and tremendous
import to the people. In each
State government Il majority OF
the voters elects the governor, rep,
resentatives and all county officers
a majority of the Legislators enacts
the laws and elects the senators
and judges, and a majority of the
appellate court i%nterprets the laws
and renders all judgments of those
courts affecting life, liberty and
property. Should the president or
other executive officer, or a justice
of the supreme court, be impeached
of high crimes, he would be tried
by the senate, a majority of two
thirds of which body a convict
him; and SO likewise with the eX-
ecutive and judicial officers of the
States. Yet it requires the unani-
nous verdict Of twelve jurors to
convict u thief or acquit an inno-
cent man.
"A majority Of the supreme court
OF the United States can pass upon
life, liberty or property of the citi-
zens, as does a majority of the SUI
preme appellate courts OF the seve-
raj States. Why then should una
nimity be essential to the verdict
of a jury? I defy anyone to assign
a valid eason why a majority of
the judges of the supreme courts
should prevail, whilst a majority
of twelve judges Of fact should not.
If twelve judges of fact must unan-
imously agree, then so should the
nine judges of law be unanimous
in their findings and conclusions.
To apply such a rule to the niue
justices of the supreme court of the
United States would be prepOste-
rous, but not more so than to IN
force unanimity in verdicts Of
twelve Judges of facts.
In behalf Of our jurors and in
the interest of the cause Of justice,
/ advocate the abolition of the rule
of unanimity at least in all civil
cases. and in misdemeanors and
lighter felonies. Our juries are
composed largely of the best men
in the community; men well reared
and luNuries of life. After sitting
for hours and sometimes days
through a long, tedious and intri-
cate trial, in an uncomfortable
court room, they are shut up in It
cold, cherries and poorly ventila-
ted room, of small compass, with
out fire, food or beds, and there
kept in q furnishing condition, day
and night, in the vain effort to con-
vince One or two stubborn men
who will not listen to reason, and
who, perhaps, prejudged the cas-
in advance Of evidence and argu-
ment. In these daily struggles in
the jury o of muscle and preju-
dice against brain and reason, good
and true men have been known to
have become ruined in health, re-
Sulting sometimes in the loss Of
life. Not unfrequently these strug-
giles under duress Of Imprisonment
in the jury room, result in the vic"
tory Of the minority over the ma
j0rity, and the dark triumph of
wrong owe right, and frequently
result in mistrials, at the expense
Of the people and the denial of JUS
tice.
The consequence is that the men
of property and the practica! bust
ness men of the community, be-
cause of this delay and uncertainty
in the result of trials by jury, have
been driven from courts and Sc
lect boards of arbitratOrs as their
preferred tribunals, where a ma
jority rules, O + are driven to COM
promises rs preferable to unsatis-
factory verdicts, the delay and cost
of which are often tantamount to
Il defeat by the winning party, and
are overwhelmingly ruin0us to the
losing litigant.
Among the intelligent and well
to do classes Of IL people there is
q growing aversion to our courts,
and an increasing want Of conf
dence in the result of the trials,
civil and criminal,
The jurors are not responsible for
this. They are as honest and hon
orable as our jurors ever were; but
the fault is in the the emasculated
system Of trials before courts.
greatly weakened by constitutional
restrictions and legislative enact
ments. The laws disarm the Judge
and doubly arm the criminal and
covenant breaker. The one is
muzzled while the other can utter
his falsehoods, trnmpet.toncd, in
the ears Of an unaidod and help
less jury. The mouth Of the Judge
is sealed against condemnation of
wrong, and exposure OF sophistry
and perjury, whilst the tongue of
the guilty accused ia free to utter
falsehOods and thereby to escape.
| do not condemn tho right Of the
accused to testify In his be-
half, although it is q fruitful and
alarming source of perjury; but /
do condemn the law that so weak
ems our courts as to render them
unable to thwart this evil and foil
the criminal in his studied aenort
to impose upon the jury by "ways
that arc dark and tricks thai arc
Yain.o
This rule or unanimity renders
consultation in the jury room SO
tedious, %protractcd, onercus and
disagreeable, that good and true,
intelligent and competent men, are
averso to the service, and resort
often to suDterfuges to avoid the