The Anaconda standard., 1895-01-09
PUT IN PLAIN WORDS
Judge MGHatOn Lectures the Jury on
lis Duties.
MONKEY BUSINESS is BARRED
The Court Earnestly Urges That
There Be No More TrIfling
With Justice and That Every
Man Do His Duty.

BUTTE, Jan. s.-Judge Mediation this
morning completed his trial jury for this
term of court and the panel now is COM
posed of Samuel Tonkin, Thomas o.
Miles, C.. A. Evers, c. w. Ellingwood,
William o. Roberts, Charles Carver, Ed
G.. Smith, Robert TAFT, John o. Jones,
Thomas McCnmmon, Adolph Reichle,
Thomas c. Gray, Joseph Broughton, w.
p. Gwinn, Charles r. Tucker, r. NJ.
Campbell, V. c. Whiting, Peter McCabe,
A. w. Noble, John Curran, r. G. Huston,
p. T. Boland, John McAuliff and William
Woodward.
Judge Mediation delivered long and
earnest address 10 the jury as to its duty,
power and responsibility. He reminded
the jurors that this was the beginning of
a new term and new year, though he did
not mean to call their attention to the
new year because it was n season
of good resolutions, for the court
never makes resolutions, but renders
The same impartial justice at all times.
''The institution of jury trials is of re-
mote origin" he said. ut is one of the
institutions handed down to us from
ancient civilization. and since the Magma
Charta it has been regarded as one of the
bulwarks of personal liberty. The pur-
pose OF jury is that men with disputes
can have them determined by their peers
without preference or feeling one way or
the other. 1t is n duty which every citizen
should perform willingly, especially in
this country, where every man has a voice
in the administration of the government,
yet it is duty that is sometimes shirked
by good citizens. AS a general thing /
have found very little cause for complaint
with the verdict of juries in my depart
ment, though they sometimes did not
agree with my opinions, but l can recall
two cases wherein the juries totally disre-
garded the facts and instructions of the
court, and want to remind this jury that
they are under the control of the court
and that it is simply waste of
time and adding expense to the
litigants by rendering verdicts not in ac-
cordance with the testimony and law, for
j should not hesitate to set aside such ver-
diets upon proper application. The re-
port, whether with or without foundation
in fact, has gone out that justice in this
county has too often mscarried by reason
of the action of juries and they are re-
garded with reproach and misgIving. Such
opinions regarding justice in this county
are prevalent in other parts OF the state.
The court is not here for the purpose of
overriding the verdicts of juries where the
evidence is conflicting and of which they
are the best judges, but where verdicts
are returned in direct opposition to the
courts instructions they will be promptly
set aside. The jury may honestly make a
mistake and the court is here TO correct
that. If the court makes a mistake there
is a higher tribunal in the state to pass
upon and rectify it, and the court will en-
deavor to furnish the law correctly to ju-
ries and litigants. If, as l have said,
there has been one juror or set
of jurors, who knowingly disregarded
facts, l can only say
10 them that they have prostituted their
American citizenship and blackened their
souls by taking an oath and then stand
ing false to it, and should go through life
with the finger of scorn pointed at them
as unworthy American citizens. If the
juror did wrong through ignorance, after
hearing the testimony and the plain in
structions of the court, then his ignorance
is so dense as to be monumental and he
should go through life with nothing but
pity, and when he dies a monument of
jackass skulls should be raised above his
resting place with his own skull sur
mounting the pile and have engraved
upon it the inscription. This skull repre-
sents the biggest ass of them ALL
Complaints are often heard about the
oppression of the masses by the few. |
would call your attention to the fact that
of all the institutions of this government
the administration of justice by the
courts is nearest to the people and if they
take it to themselves to assist
the courts in an honest effort
TO administer the laws it will
go long way in securing one of the
safeguards of the rights of the people.
When jury does its duty the court is not
called upon to commend 1t but will be
gratified to see it performed. On the
other hand the court is obligated to con-
denim anything that is wrong and will not
hesitate in doing so. When / appointed
the jury commission instructed 1t TO Sc
could be depended upon TO determine, by
conscientious endeavor, what is right, and
] find by looking over this jury that the
commission has followed the courts in
struction."
The courts talk met with such approval
from the jurors that they applauded sew
eral times.