The mirror., 1895-01-10

able to secure other professionals at
the same price or on the strength of
fear or favor; cases are on record where
those officials among whose duties are
the selection and empaneling Of JurleS, 6
who were so under the influence OF un-
scrupulous litigants that policy alone
was sufficient to prevent their searching
too far to obtain proper jurymen. Some
times through mistake, though oftener
through policy, few simple, ignorant
laborers are empaneled, who can usu-
ally be easily browbeaten or coaxed in
to voting the desired way. The igno-
rant juryman, many of whom are un-
| able to read or write, are tenfold more
liable to be unduly influenced by pa
thetic and eloquent personal appeals
by the counsel pro and con, than to
rendering their decisions in strict con-
formity with the facts developed i'll a
case. How often do we read Of YER
diets returned which are entirely un-
warranted, both by the evidence Of
fered and the judges charge to the
Jury. How often is jury discharged
by Judge with disgust, and the
prisoner, richly meriting punishment,
set at liberty. The cause of such re-
suit of trial is, plainly speaking, either
cupidity, ignorance, intimidation, or
, all three. But why carry this point
further? Any one having but super
ficially observed the workings of the
f Jury system knows this to be true.
o [ shall now endeavor to suggest
n method, slightly similar to that so
successfully conducted in France, by
a which equal justice would be extended
Q to millionaire and pauper, and which
o would also ensure very great reduc-
ton in the expenditure of valuable
time and hundreds of thousands of
Is dollars yearly to the state.
70 The judicial districts would be di-
vided somewhat as they now are, but
~ the present petit jury system would be
IN entirely abolished. The court would
N consist of three judges, chosen OF
elected from the very cream Of the le
~ gal profession for terms of four, si1
90 and eight years respectively. Courts
in would then convene so as to always
leave a reserve, so that in case of sick
= ness or death of a member the vacanc.
would be Immediately filled. In thi
|. conrt the member elected to fill tn
long term would become the centre, o
, head, of the court, whose duty woul
be to give further advice or instructions
. and to pronounce sentence in case Q
conviction. After the lawyers wer
ru through with the case it would b
~ given to the two end judges of tn
49, court, who would retire and review tn
ID testimony and bring in their decision
I'D In case they would fail to agree,
- would be so announced by the cent?
oe Judge, who would set the case fl
-, another hearing before an entirely ne
ro court. If at any time during the tri
,.t it should become evident to the cou
tho that one side was producing perJure
~ witnesses, the case would stop at on
=. and verdict be rendered in favor
on+ the opposition, and all those connect'
;nn with producing the perjured witness
,.S would receive at least ten years in sta
ev. prison at hard labor. E.
tho By such means of holding court
~. would of necessity elevate the leg
,iaf fraternity to the very highest degree
.ino perfection, and entirely wipe out of
,.od istance hundreds Of those contemptib
,itv pettifogging legal quacks, whose 81
of aim in life is to make trouble and dolla
Tho I am we'll aware that this article
ion far from covering the whole groun
,un, but should it possess the merit o
M new idea, or even succeed in awaken
or,y thought in this direction, l shall +
nrv. amply repaid, and in my next, if
nan allowed space, shall try to illustr
, Of the many conclusive and proven poi
noss wherein the present jury system
svs- wrong and rotten. JUSTICE
my,