The Democrat. (Scotland Neck, Halifax Co., N.C.) 1884-1896, 1893-03-02
TRIAL BY JURY

Feb. %, published he following
communication by = A. Duuo,
| Esq:
SCOTLAND NECK, n. c., Feb !
have read with verv great pleas
ore your editorial OF the 18th, "The
Palladium Of Our Liberties" els
trial by Jury desirable in q free
country and in the year 1882 ''Is
there anything better that can re
soggested3" am OF the opinion
| that there can be no satisfactory
substitute for trial by jury, and |
| believe that the destruction Of the
sy stem would in the end prove
destructive Of free government.
There are many just causes for
the numerous complaints against
this institution which has its origin
10 the midst Of the dark ages
| believe close examination will
| reveal the fact that the complaints
against the institution are unjust
but the complaints should he directed
| az ainst the personnel of the nstitu.
ton. l am fully satisfied. after n
experience of fifteen years at the
bar, that the jury trial is the bes:
| system that Gao be devised for tt e
trial Of facts. l am equally as we'll
| satisfied that the causes for complaint
are not without foundation, and,
if a close investigation is made, it
| will be found that the causes for
| complaint are on the surface. Sup.
| pose, Mr.. Editor, that the poorest
equipped lawyers, the most immoral.
those without client or brief,
were placed upon the bench, do you
doubt for a moment that there would
oe speedy popular demand for the
abolition Of TRIALS by courtsi And
yet the juries are, as rule, composed
of the most illlterate, the most
vicious, the most immoral Of our
citizenship, men without an occurs
tioI or character. Is it surprising
then that there are complaints'
Can THE defect be remedied7 1t
can be, easily. HowP Let the
General Assembly now in session
repeal every statue exempting any.
oae from the performance Of jury
duty. See what class are exempt {:
Members~of the State Guard, men-
bers of fire companies, school con :
mitteemen, pilots, officers and
employees Of insane asylums. mlllers,
druggiste, aad other classes--each
military company can exempt
twenty-five men called contrlbut n 2
members.
| Let the judges refuse to excoee
anyone from serving unless be cen
produce two witnesses who will m e
oath that the causes which he gives
for excuse are true. At every court
the ve1y best men on the panel are
excused because just at that tin e
their wives get sick or their hogs
have the cholera: or they are livl g
IN lonely section, or they have
some public duty to perform. After
the excuses are rendered and the
Exempted class are set free the th,rg
left Is poor thing to call q jury.
Then the jury is to be made up of
the by-standers-a class who 90 to
the courts for this purpose. Is it a
wonder then that there are CON-
plants?
Let the General Assembly rep /
every exemption from jury duty, let
the judges be cautious IN receiving
excuses, require the county commis-
sIoners to put none but the very best
men in their counties in the ]ory
box, let fifty men oe drawn for first
week and forty for second, in other
words, improve the personnel, and
you will hear no compl ANTS of the
trial by jury. 1t is to the interest Of
the whole State that the beet men
should be made to serve upon the
Ij'rles. 1t can be done and it should
be. If you can make our legislators
perform this service to their State.
you will prove a public benefactor,
and you will hear Of no judge lynch,
no mockery of justice and no COM
pla'nt Of jury triels. But Just so
long IS every good man thinks It is
some one else's business to 10 jury
duty and his province to complain at
the miscarriage Of justice. just so