Great Falls weekly tribune. [volume] (Great Falls, Mont.) 1894-1???, 1895-12-13

why is a question, for its fame as the
greatest mining camp on earth is estab-
lishcd, and it can well afford to rest or,
rather, grow on that reputation. The
latest subject for serious talk is the act
of District Judge Mediation in scoring IA
Jury in his court that had returned a
verdict directly contrary to the instruc-
tons Of the court. 1t was Il civil suit
for damages and IN his testimony the
plaintiff had testified that his actual
damages amounted to only SO, though
the consequential damages we're very
large, and as a consequence be sued for
$4,000. In plain English the court in
structcd the jury that consequential
damages did not go and that if they
found for the plaintiff the verdict must
be confined to the actual loss as testified
to by the plaintiff. In spite Of these in
structioos the verdict was for the plain
tiff for Sl25. A poll of the jury showed
there were eight for the plaintiff and
four for the defendant, just enough to
secure a verdict. After the verdict had
been announced and the jury polled, the
Judge ordered the four minority jurors
to take eeats in the body of the court
room and the others to remain in
the box. He then questioned each juror
Individually as to how he had arrived
at the verdict. and il TRANSFERRED that,
with one exception. the jurors had con-
cluded that they knew more law than
the court, and had voted according to
their convictions without reference to
the instructions. When this eXamlna-
ton had ended, the Judge read a severe
lecture to the seven. ia which he called
attention to tho fact that they were
sworn to obey the instructions OF the
court as to the law and that they
were to be the sole judges as to the facts.
He concluded as follows: The court will
~adjudge each and every one Of the seven
gentlemen guilty Of contempt OF court
and willful disregard Of the instructions
reminder both to the gentlemen Of the
jury and to the community at large, but
will be very modest in the amour OF
the fine which | shall impose. If there
was any discrimination to be made |
would feel that in some Of your cases an
imprisonment to the greatest extent al.
lowed by law would not be too severe,
But | prefer to impose rather ii modest
fine to remind you and others who may
be called upon to serve AS jurors that
, business cannot be done in court in this
way. The clerk will enter a tine of SO
again you III except Mr.. barnard, and
you, gentlemen, being valueless to the
court, because you are detrimental to 1t,
ara discharged from further attendance
, in this court, and you can hold your
selves assured that you will not be called
q upon to attend this court again"
The speech Of the court was IA sensa
b, tiOual az it WAS severe and bore heavily
5 upon the eeven men who were the vic.
! TINS, and yet in connection with this
case u question arises whether The
1 court did not exceed it's a~utOcratic power
s in the matter of contempt. The proceed
ings did not develop the least hint OF
n undue influence or any other charge o
! a criminal character against the jurors
t They simply showed thatthc men had al
:. idea they could fix the damages, even il
$ excess Of what the court allowed, though
G no figures were mentioned by the court
y The figures were small, but the princi
h that the jurors were only laymcn ant
@ not acquainted with the codes. Had tn
court in the exercise Of its power ant
discretion reprimanded the Jurors j
would have answered the pur
j pose. But when it comes to imposing
u large fine and disbarring the mcn from
1t service as jurors so long as h
10 on the bench, it becomes
10 serious matter. Judge Mediation i
G a good judge, but even he ha
n made mistakes and il the supreme our
when it rovcreas his decisions should AZ
n ply the same rule to him that he apple
20 to tho %jurora, and deprive bin
r. of his judicial functions he would rlgh'
&c ~ feel much aggrieVed, Even under tn
in codes the law provides how Jurors sha
le be seiected, and If we know anythin
b. about them, they do not provide that tt
Judge ehall tako Il hand in the selection
"a
a Now comes the statement that Seni