New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-15
THE JrRY SYSTEM.

THE JrRY SYSTEM.
The mistrial H. the Mclaughlin case will have
served one useful purpose II out Of the discussion
10 which it has given rise there shall come in the
! end some amendment of the law or change in
practice which will have the effect to make the
ordinary trial by jury an lnstrumcnially OF JUS
tice instead Of meaningless farce. The Tribune
has already pointed out that as matter OF fact
no one except the jurors was subjected to trl'l
or punishment In the Mclaughlin case. They
poor fellows having committed no ofence-nn
less. indeed II bc an offence 10 be ignorant OF
current events or. being informed concerning
Them. to maintain IN unbiased Judgment and
unprc indeed mind-wcrc treated as indicators
upon the theory that, unless they were so treat
ed they would somehow fail to discharge their
functions uprlghtly. One juror was hcld III
durcss, practically cut off from all COM
municaion with any Of his fcllow-meh OK
ccpt the court officers and dcbarrcd OF All
knowledge Of current events for nearly FOUR
weeks Others for shorter periods, but all com
PEELED 10 suffer In greater or less degree Tor the
offence Of being competent for jury duty. Is TINS
necessary? Judge Barrett In recent interview.
spcakIng Of the difficulty Of securing intelligent
newspapers and formed opinions that they are
rejected but because of the unconscicntioiis
answers they make. saying that they are unable
"to give the accused a fair trial" That is doubt
less true. But It Is to he taken into account that
very few men are so conscientious as To Insist
under the badgcring Of attorneys that they are
absolutely unbiased when they know that their
contention. if successful. will put them In the
off for
definite period from business. home and all COM
munication with the outer world. That sort OF
conscicntiousncss IS not only extremely rare. bul
when found Is more often charged to crankincss
than credited 10 conscience.
The Tribune has the highest regard for Judge
Barrett. for his legal attachments. his learning,
his profound sense Of justice. and his consccn-
tiousncss In the discharge Of duty but with the
objcct-lcsson Of this four weeks trial before him
II cannot be that Judge Barrett means that me
sole or even the principal objection TO The pres
cnt Jury system is the unconsclcntlousncSs of
citizens who are unwilling 10 serve as jurors.
Even if that were true. II remains To De- said that
the quality Of scliishncss is 50 constant In human
nature and the sclf-abncgaton which makes per
sonal sacrifices for the public good Is so phe-
nomcnal that no law or system Of procedure
which fails 10 take these essential conditions
into account can be- other than 4 failure Human
nature is a constant factor Legislation must he
adapted 10 1t and cannot be- changed by 1t. II the
prescut Jury system or the method ~ its opera
ton requires on the part Of citizens such self
sacrificing consccniiousncss rs seemed 10 be de-
mandcl in the late trial. no further argument Is
needed 10 demonstrate the necessity for some sort
II change. Evasion is too easy, and The tcmpIa-
ton to it too great 1t distors the sense Of civic
duty wcakens the sense of social obligation. AMI
puts n premium on moral covardcc Human
nature cannot be changed but the law. the sys-
tenn the practice. can be and ought to he.
Another feature Of this trial should not escape
observation That Is. the evident purpose ~ the
attorneys for the defence 10 prevent the impan-
cling Of an honest jury Il that too broadly
stated? No one who followed the course Of the
examinations and cross-examinations Of The citi-
zcns summoned upon the panel could have failed
to notice the readiness with which the attorneys
for the defence indicated their willingness 10 ac-
ccpt men whose answers TO questions or ante
cclcnts or business. political or social relations
gave color 10 the suspicion that they might he
favoraby disposed toward the accused. or The
pcrtinacity with which they pushed Inquiries as
to whether the candidate was member OF any
Of the organizations in behalf Of good govern
ment or an acquaintance friend Of any Of the
prominent advocates Of municipal reform. These
professional gentlemen were undoubtedly purs,i-
Ing the course which they thought most useful
and necessary TO their client. and were taking
advantage Of every opportunity that offered for
securing either a favorable verdict or divided
fury But the Impression prevalls-if indeed 1t
Is not more than nm impression that these pro
fcssonal gentlemen were much more intent upon
getting some one into the jury-box upon whom
they could depend TO favor their client than they
were upon getting twelve absolutely impartial
and unprcjudiced men. And the question arises
In the minds Of citizens who have no desire what
ever except 10 see justice done. whether there
IL any line where professional privilege ar the
lawyers duty TO his client stops before il mcrgcs
into the violation Of civic obligations and public
morals. Does professional privilege or duty TO
ones client include packing jury or helping to
pack one? This, too. II one Of the interesting
questions that have arisen out Of the peculiar
proceedings In the Mclaughlin mistral. and II
* one that may not be unworthy the attention
OF the Bar Association But the most interest
ing and important Is, whether after a citizen has
been found competent as juror he shall be-
treated as a criminal for an indefinite period on
that account.
RISING WAGES