New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-07
TWELTE MEN ~ 4 COY.

TWELJE MEN IN Il DOI.
Lord Broueham's famous dicum. probably
original though he imputed the idea 10 some one
whom he did not name. that the whole operation
Of government ends 'ln simply bringing twelve
good men into a box" IL not necessarily true be
cause Lord Brougham framed or adopted II, for
be VIGOROUSLY pronounced more judgments than
he found II convenient 10 stand by. But ms
particular saying has generally been accepted rs
profound and luminous. II must be admitted,
however, that the further away we get from the
times OF Lord BrOugham the less convincing y
the evidence that he set forth universal truth
In another country and under different form
Of government It frequently seems az II the
whole machinery Of the State were employed IN
the attempt TO bring twelve cOngcnital IDIOTS
into n box In great cities Of the United States,
and most OF all suppose In New York the Jury
system comes pcrilousy near 10 breaking down
whenever a sensational case which has aroused
political nnlmositics comes on for trial.
In the Court Of oyer and Tcrmincr the process
Of getting twelve men 10 try Inspector Mclhngh-
lin has been going on for three weeks Perhaps
Il will be finished to-day. but with possibilities
OF challenge and dismissal still uncXhausted there
IS no certainty about It. There Is no complaint
TO be made against anybody for lack Of diligence
All concerned have kept steadily AT work. aud 1t
will be strange II some important factors in the
case are not worn ont before the prosecution
begins 1t would be highly improper TO speak
disrespcctfllly Of the jurors who have been slit
cd OIL, Of multitude Of talcsmeu. so long as moth
ING is known about them excepting that they
have passed muster: but for the degenerate prac-
tice which their final admitancc TO the box illus
in, ar
public necessity The defendant the judge. the
lawyers and especially the accepted jurors, have
been subjected TO a tedious aud severe strain.
which can scarcely have failed 10 dlsquafy some
Of them 10 some extent for the performance Of
their duties In such a case rs this. moreover,
the theory Of trial by jury seems to be subverted.
iury OF ones peers belonging To the vicinage
oririually meant a Jury acquainted with the
prisoner. and because Of such acquaintance pc
culIarly competent 10 weigh the evidence for am
against him: TO discriminate easily and accurate
" between fact and invention; to interpret ap-
parent coincldences and contradictions by The
aid OF antecedent knowledge and 50 ultimately
to draw just conclusion from testimony which
might have led others, without their advantages.
as,ray In small and isolated communities this
IL Still substantially the way In which the system
operates In "A great city. and especially In III"
great city Of Newlork. While the theory Is stll
In official existence, the practice - often pre-
cisely reversed
Because Inspector Mclaughlin j. identified
with n police administration for which a political
party has been held responsible. and against
which all the moral elements Of the community
have been aroused: which on IN" one hand has
inspired longing and an effort fos civic puriI-
cation and on the other Il rosenifu and strenuous
purpose Of conceaimcnt. 1t has been deemed es-
genital before admitting a ialcsman - "a" Jury
box 10 prove an amazing and diScr'diiahle 10
difference ,n his part 10 events 81 ne most
notable and morcnious character. ana a com
plcte Independence - influences 10 which good
citizens would naturally b. subject II 'hr pro,
cas- OF obtaining jury IN this case has. IN spite
Of everything. Jet men who are III 10 render
verdict into the box. the cause - Justice VIII hc
better served than there IS reason FOR nnil'pa ns
from the circumstances. Statutory exemptions
from Jury duty always unfortunately diminish
the chance Of getting twelve conscientious ana
intelligent men 10 try cnsc, but when IL" proc
css Of exclusion II carried 10 such an extreme nS
Is now under consideration the whole system De
comes not merely grotcsiuc, but outrageous
Certainly II ~ not easy. and ii probably would
prove impossible. 80 devise a substitute for trial
by Jury which on the whole would - generally
secure substantial justice. lui 81 is constantly
Incoming clearer that. II this ancient institution
is 10 be preserved T. must BE- rcldlptcd Ia the
service Of populous and composite communities
ly the elimination Of abuses which are univer
sally acknowledged. This task properly belongs
70 the bench and bar and It's performance ought
not 10 De long deferred.