The Democrat. (Scotland Neck, Halifax Co., N.C.) 1884-1896, 1895-08-01
TRIAL RYJCRY.
FAYETTEVILLE, n. c., July 70

Awaiting myself Of your Invitation
desire to say in the outset
First, That / have no opinion to ex-
press upon the results or cemeri.s o'
the case, not having read the evidence
The verdict may have been right, or 1t
NAV have been wrong, / do not know
The Judge who presided, in his refusal
to remove the cause, may, or he ma!
not, have been wrong. l Will not I'M
dertake to say But this / do say:
There ls no scheme, method or plan
ever vet DEVISED by the ingenuity OF
man that is, or can be more just, sale,
or satisfactory than the trial by jury J;
whoever has, or who can suggest bet
ter system?
The great charter which the Barons
at Runny-Mede forced King John to
concede, contained as one OF its leading
features "The Right of Trial by Jury"
One Of the finest arguments that ev-
er came from pen OR tongue, was from
the great Pennsylvania statesman and
iurist. Jere Black, defending the Fright
of Trial by Jury"
The chief purpose OF the enforce
ment OF the criminal law, Is not only
the conviction of the guilty, followed
by adequate and proper punishment,
not cruel or unusual, but tempered
with mercy" towards the errlng one,
but to deter others from like behavior,
and thus protect society from the law
breaker at the same time, in order that
the law may have it's full strength, and
accomplish its mission, the man con-
victed must himself feel that he has
had tar trial, and that this cOnvlc-
ton was just The law tails in its OBJ
iect, when one is convicted, no matter
how guilty he may be, if he feels and
knows that he has not had fair trial
although he may have had speedy
one, followed by quick and harsh
sentence.
To guard against the wrong to the
party accused, the law wisely throws
every protection around him. and he
: goes into his trial with the presump
ton Gas it is alleged) that he is limo
cent until his guilt is proven.
: While person charged with capita
, felony, has twenty-three peremptory
challenges, and the State four, eacf
has the same right of challenge fol
, cause while on the other hand, the
State may according to custom, mere
ly) stand aside two per cent. OF the We
nlre. Thus, In panel OF two hundred
the prisoner has twenty-three challen
ges, the State four, but in addition thu
prosecution may, without assigning
Y cause or reason. stand aside twenty, be
ing equivalent to twenty-four challen
. yes for the person standing tor hi
e life"
This is the practical operation of tn.
criminal law, as we see In court. Blu
: there is danger, and great danger Q
V this wide spread criticism of the pres
having for its effect result, not fore
seen or intended-by arousing the PEG
J. pie to what the newspapers may sa,
!, twas great miscarriage of justice.
Take care that you don't produce tn
e other extreme, and because, as tn
r newspapers say, one guilty man has es
capped, therefore let many innocent mel
l. suffer.
e The power of the press is conceded
by all and it it should be the indirec
though unintended cause OF the con
yiction of one innocent man, or Ieat
the people into violence and mob law
which is no law at all, and destroy ev
cry barrier of protection to life, libert
or property, then will it fail IN Its higl
mission, and become the destrOye
!, of that law and order which it ha
|; always upheld.
;, While the liberty of the press, witt
t,11 Sc, g
q our greatest safe guards, yet care shoul
- be taken, that 1t does not 60 too fal
~ and make "the last state worse than tn
q first" and the remedy become ia
y more terrible than the disease 1t wa
y Lord Hale who said, that it were bette
- that nlnety-nlne guilty men g unpun
. lshed, than one innocent man suffer.
!; While every guilty man should b
i punished ; yet it is far better, that Lor
!. Hale's rule prevail, than have an era G
;. indlscrlminate hanging IN North Caro-
: .lIla.
, IS | said in the outset, / express n
; opinion upon the case you refer to, no
: do desire to enter into newspaper cor
troversy but only to protest agains
~ what seems to be the beginning of
r. war upon the system of trial by jur,
# and to call your attention to what ma
- prove to be serious and dreadful e,
: treme. by carrying the people far be
Is yond the domain of reason, who, wit
9 passions inf1amed, may be led to bt
- lleve that some one should suffer, how
ever innocent, because, forsooth, som
:, others did not.
:, THOs. If. SUTTON.
a