The morning call., 1892-03-13

arrangement sent to arbitration, and so the
juror is spared the infiictiOn. Not so the
litigants. who generally find arbitration pro-
ceedings twice as tedious ard far more costly
than il they had been dealt with in court.
The famous Itch borne case in its two
phases of claim and prosecution for per-
jury must have tried the jurors patience
severely. They were paid, IL is true, by
arrangement between the parties, out new
ertheless they must have felt their enforced
attendance in court a species OF imprison-
ment wearing short their lives. The pres
ent Lord Chief Justice Of England made in
opposing the claim an opening speech which
lasted thiriy-three days. Nor was il prOlix
or irrelevant, but model OF orderly cUgeney
and lueidity, so much so that il convinced
the jury, who announced that their minds
were made up. and thus east upon the claim
ant the reverse of electing TO be nonsuited.
Jurors who have TO spend several months
over case are martyrs 10 the judicial sys-
TEN. In such extreme instances they are
probably released for life from further SER
vice. and they deserve their emancipation.
The mode OF impaneling jury in Eng
land lmpresses the average American as
simplicity itself In the sense OF taking every
juror as honest, capable and unbiased.
Before either Judge or counsel arrive in the
morning the Judges associate opens little
box filled with slips Of paper and calls ont,
Gentlemen of the common (Or speciaD jury,
come Into the box as your names are
called" The jurors respond with 'Here"
and one by one take their seats until the
requisite twelve are assembled. When the
Judge enters and case is ready the jurors
are sworn. and they may sit in Judgment on
causes or crimes throughout the day unless
differences of conviction compel them TO re-
tire for consultation, when another jury is
obtained. Thus do the wheels Of justice re-
vOlve constantly If slowly.
An aversion akin to horror is entertained
against serving on Coroners jury, but as
the CorGner's office is very ancient ms IT,
tuition and very important withal, it must be
sustained in all its dignity. A CorOner's quest
jury may be more but not less than twelve.
CoroDers have the privilege Of being in the
position TO paw jurors trifle, but il Is only
trfie, and indeed so contemplate when
viewed In the palm of the individual that
frequently the honest twelve hand their
doles over 10 some charity, which Is not
greatly enriched thereby.
Some men there are, however, so very
needy that the C0roner's sixpence or eight
pence is welcome addition TO their scanty
income. 1t provides them at least with
their beer and tobacco, and as inquests are
nearly always held in public-houses or inns,
the thirsty have not fax 10 30 for refresh
meut. AT NewcaStle-on-Tyn the custom
prevails Of having one set OF jurors for duty
at COrOneTs inQuests. 1t is not obligatory
10 select the same men, but the same men
are generally selected because they are on
tie spot or within call when wanted and
20 waste time. There are advantages in the
system, for long experience of the manner in
which people come by their death suddenly
enables them 10 arrive at conclusions by short
cuts, and the Coroner is saved the trouble
or summing up at any length TO men whose
experience in such matters is as profound
as bis own. leaving legal technicalities out
of the question. Were tampering with
jurors TO be feared this system could not
continue, but thus far 1t has not resulted In
harm. Perhaps more depressing than the
fate Of the C0rOner's twelve is the expert
ence OF County Court jurors. Less than
twelve good men and true are needed for q
verdict before these tribunals, but while
waiting to be called they pass hours in
sitting atmosphere in which all the odors
OF an old elo' or junk shop are sickeningly
represented.
In England they hang women as we'll as
men when they are found guilty of murder
not admitting of conformation. 1t occasion
ally happens that a jury of women is I'M
paneied to decide upOn a delicate question
put forward as reason why the death pen
atty should not be carried out, at least i'm
mediately. To take two lives where one
only Is forfeit Is too Draconian to contem-
plate. Should a child be born the life of the
mother is usually spared. but that is mat
ter not resting with the judge but with the
crown. The jury system has faults in all
countries. but 1t is a beneficial bulwark In
the administration OF justice. There is
tendency to bring it into disrepute and GER
talnly rldicule, however, when it is neces-
sary to have venireS of hundreds in order
to weed out twelve eligible and acceptable.