The Democrat. (Scotland Neck, Halifax Co., N.C.) 1884-1896, 1893-05-25
ABOUT COURTS AND JURIES

what they are ca:l|d- II Is frequent
" observed by intelligent men that
trial ny jnrv Is 40 longer true
test ot the guilt or innocence OF
criminal aud that the whole matter
sometimes seems q farce.
All this - to Re deplOred. Oul
civilization has been taught all
through the ages tnat the cour;'
house il a temple OF Justice where
cven.hand-d justice is neted out 10
all; but ia these latter days there
has sprung up a feeling that tie
courthouse and the law ought to be
the last resort for justice.
Upon q thorough lnvestigetisn
and study OF trial by jury, it would
seem that it is perfectly safe. 1ns
deed # was 80 intended, hnt the
prevailing opinion now THAT trial
by jury is frequently miscarriage
ofJustice.
Take, for instance, man charg>
cd with capital crime for convic~
ton Of which he must be hanged.
The law has wisely and beautifully
provided that he shall not be c0n~
ylcteu upOr the word or opinion OF
any one man, or by the court Itself,
bat upon the agreement OF twelve
intelligent men-pee-s Oft accus'
ed.
1t Is highly Important, tor the
cause of Justice and morality and
pnbllc order, that the men who try
such a cause 10 men of intelligence,
and men who have keen sense of
justice. To serve on such . jury,
or on a jury IT, try any canss OF
crime or civil wrong, "a one & the
mos. Important duties OF an Amer.
can ctlzen. It ia SO important that
no court or attorney ought to ba
sat,~fied with nythiug short Of an
Intelligent and sensible and upright
Jury. Tins Is best for the cause OF
justice, but 1t is rot always best for
tna life OF the criminal who is
charged With canltal crime. But
i'll Is right for the State to say
that tor the conviction Of certain
crimes mau shall orfeit his life,
1t is right also that when man IL
charged with such crime he shall
b. tried by men who will look into
the ruth Of the cas- a with great
Gaze and diligence. There are two
Interests at stake in such 4 case,
the ,nnOcency or guilt Of the accns-
ed and the dignity OF the State and
the safety of tine citizens. Ii the
man shaIi he convicted when i.o j..
not guilty, tue LIE OF the innocen:
has been taken and the State r :;s:
bear the shame. On the other baud.
ii the accused is acquitted when he
is guilty the State bears the shame
of allowing high-handed aud dam
gerous crimes to 60 unpunisbed.
snI the life Of every OTTER citizen ie
then lett in danger Of the rsd.band-
ed murderer it may be, who teels &C.
cure against the punishment tor his
crime, because the State has just
declared that one like him aud
guilty OF the same crime shall not
tie Called guilty and shall Re Dn>
punished
Many OF our best people often
tank tiatlnatlce IL thwarted in such
Cases. Judge Carter, OF Ashevllle,
thought 50 few days ago when
from the bench he denounced TIE
jury who brought in a verdict Of
not guilty when it was bis OWE
opinion, having heard the evidence
au1 having charged the jury &C.
cNd!nsiy, that they should have
brought him d verdict of mard.,.
iiueh of this depends upon ;ha
k!n,i 0; jury that is selected When
there is such interest at stake ius>
tee would say that the best intel.
ll2enc- of the land ought 20 decide
t'1e natter Ga the one hand there
ls the te OF an accused criminal
ani on the other hand the safety of
the State
Dc attorneys olways do their
best to select the most Intelligent
jurors t, try such causes?
DO tsiey realize that the ends OF
Justice would be more PROBABLY !
met with the best Intelligence Of
the land rs jurors?
30 they always remember that
thel- sworn duty to their client or
the accused is to see that he has a
fair trial and justice IS result?
Do they never take steps IN
'psck'ng' jury aud examining
Witnesses that. look tc the acuu,ttaI
OF the prisoner whether he is guilt,
or not s.zs.s
In short, u" not tue proceedings