Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-05-05
THE JURY AND THE LAW.
Judge Martin Williams Views as To
Reforms Necessary,
PEARIsBURG. VA, May 2. lss

PEA XII, VA, May =, 1880.
To the Editor Of the Dispatch
A great deal Is being said about the
cost OF executing the criminal laws or
Virginia, and In nearly every instance
some direct reflection or insinuation Is
made upon the manner Of executing the
laws" What these reflections and insnu-
alton mean | am at loss TO know,
uniess they mean that the county courts
OF Virginia which have original criminal
Jurisdiction are either derellct in the
performance Of their duties or are incom-
petent to perform them properly. Even
the Law Register In its initial number
. I'm commenting on the recent decision OF
the Court OF Appeals in the case OF
Brown vs. Epps. Sergeant. on pag. 70.
takes up this subject. and says: me
great burden on the State of criminal
expenses, OF which We hear so mucn
hue and cry. IS not chargeable In any OBJ
jectionable degree to the law, but mainly
TO its administration. Correct the admin
istratiOn, and the alleged evil VIII Tor the
most part disappear" What this LANGUAGE
is intended to mean am at loss 10
know. | have too great respect Tor the
ability, integrity. and legal learning OF
the editors OF the Register to believe
for moment that they would intention
ally cast a reflection upon the county
court judiciary Of Virginia. but certainly
this construction can reasonably be
paced on the above quotation.
THE TROUBLE Is WITH THE LAW.
take the position that the trouble is
not with the administration, but with
Section 3l46 Of tho Code provides FOR the
summoning OF sixteen jurors to every
court. Section Ais provides that where
more than two cases are 10 De- tried
twenty additional jurors must be sum,
moned. making at every court court. II
the law Is strictly compiled with, thirty
six Jurors. costing At least s. per day
each. including: mileage or s.2 per DAY
for each day Of every court Now, allow
Ing five days for eacn court. We have ~
for each court every month. This multi
piled by twelve gives si,S-J, or SiJZoo tor
county-court trial juries annually IN VIZ
ginia, to say nothing about grand jurles
in the county and corporation courts, ana
trial jures in corporation and circuit
courts, which Will amount 10 very near
as much additional, II the law Is strictly
law. My observation has been that the
county courts rarely ever summons more
than one jury, and utilize this jury LOT
the trial OF all cases. and thus save
large expense.
THE REMEDY.
The remedy for this enormous experrii-
ture Is 70 change the Constitution, ana
shape your laws so as. 10 have one jury
at each court, composed or SIX good men,
for the trial OF all cases. Let a majority
OF that six render a verdict In all cases
except capital offences. and in my humble
opinion a large expense VIII be saved
mistrials will be almost thing OF me
past. and justice WIZ oe more prUpSeay
on juries has ceased, therefore, the me-
cessity for these large numbers has
ceased. one OF the original theories upon
which the jury system was FOUNDED was
that the juries. being always summoheu
from the neighborhood OF the ohehce
charged, were presumed to know the
facts IN the case, and could give the
prisoner Justice. This was the means OF
tnfD regarding the case.
hut In this day OF mails, steam. anu
electricity, the trouble Is that iniorina-
ton Is dispensed too rapidly ana 700
generally. therefore, our law now re-
Suir.s that the juries must be sum
monsed from a neighborhood remote from
the cause Of action, and the lhiofinatio.
and facts are now impaired 70 Jalies
in the present modes OF so dong OK mn
ton lust as well as twelve. We nave tnls
illustrated practically in the recent
changes In our laws in regard 10 gtanu
iuries Prior to- 1890 we had 10 summons
iwenty-four persons for a regular grand
fury: now we may have nine, ana my oD-
servation has been that we get alons
better with nine than We dld Win t"eh-
ty-fOur. -
MIR. wITHERs'S FIGURES.
Your readers are familiar WIN .ns
figures given by Hon. Eugene Witners
OF Danville, with regard to the cost OF
county Judges and Commemorative at
torneys The remedy for TINS, In my
opinion, IS to change the Constitutlgn;
divide the State into Twenty-Five ludlclal
districts. have county Judge ana COM
monweath's attorney for each distrlct,
hold YOUR county courts bi-monthly,. thus
giving two weeks TO each court, ana you
viii have fifty men doing the work now
done by 20. This Is another defect In
the law. and not In the administration or
the law. The courts simply administer
The laws as they find them. and should
they deviate In the least from the law
In the trial OF the most insignificant
chicken-th,ef there Is hardly lawyer IN
Virginia who Is continually rejecting
upofl the administration OF the law ana
the expense thereof that would not APP
peal the case TO the higher courts tahu
this. too, at the expense OF the Common
wealth, II he could, reverse the county
court. remand the case for new trial,
and thus entail additional cost and ex--
pense. and then boast OF having reversed
the 'one-horse county court" But In
this connection We would hear nothing
about the expense TO the Commonwealth.
We might. however. hear something on
LAWYER in the exercise OF his zeal for his
Outraged client" Now, In short. in my
humble Judgment, the remedy for all
these evils Is to call a CONSTITUTIONAL con-
yention repeal some OF our statutes, sub
st.tute practical ones In their stead. do
away with laws that are in existence
Simply because they have been In ex-
istence for 800 years ttimes and cond-
tons are not as they were oop years ago..
provide better means for collecting and
disbnrsing tho revenues OF the state. have
fewer courts. have fewer officers. and.
above ALL have fewer elections. We
would then have a better State govern
ment.
MARTIN WILLIAMS.