The commonwealth. (Scotland Neck, N.C.) 1896-1929, 1896-08-27
TRIAL BY JURY.
SOME PROS AND CONS
What Judge Towner Says.

Philadelphia Record.
Formerly in English-speaking coun-
tries there was but one opinion as to
the merits of the jury system. En-
glish liberty was supposed, in good
part, to rest upon it. It was the pal
ladium of the citizen the chief securi-
ty for his rights OF property and person.
The old faith has lost much of its fer
vor. In England, unless the party to
suit signify in advance that he desires
a jury the cause is tried by tho Court
In Admiralty, both in this country
and in England, a cause is heard by the
Court alone. And it would seem upon
first view, that Judge whose tenure
of Office is fixed, and who is accustom-
ed to slft and to weigh evidence, should
be more apt to arrive at a just conclu-
sion than would twelve men OF various
pursuits who are suddenly brought from
the active duties of life and compelled
to listen to the details Of complicated
transactions wi ;hout that training and
experience which enables Courts to dis
crimlnate between the true and the
false, the apparent and the real But
it should be observed, on the other
hand; that In large number of cases
the jurors, from knowledge derived
from their own business, are very COM
petent experts, and almost intuitiveIy
detect on which side the truth lies, and
bring in their yerdlcts accordingly.
Probably the most effective argu-
ment in defense of the jury system is
it's educational influence. The Jurors
who take part in the administration of
the law, are very likely to respect the
law and to have their minds open
ed and enlarged. After such an expe-
rience it may in some sort be said that
they become better citizens and more
sensible IN the duties they owe the
State. Still, from the change of senti-
ment in England, which is more or less
marked, and the discussion in Ameri-
Ca, which has developed different opin-
Ions, it may be said that the long con-
tinuance of trial by jury is, at least,
open to doubt. What Judge Towner,
OF Iowa, says upon the subject in the
following extracts from his article in
the American Law Register and Re-
view for August will, we feel sure, in
terest our readers
"In these times, when a leading
law magazine says of trial by jury 1T
Is the greatest farce of modern times
it is an infinite evil in civil cases in
criminal cases it is q positive curse to
society. Trial by jury is simply a
trial by popular prejudice when an
eminent American Judge advises its
total abolition when Lord Herschell,
in England, writes that in all compli-
Gated cases it is in his judgment 'emi-
nently unsultable;' when Lord Cole
ridge adds: Long experience and much
reflection lead me to give up the opin-
ion In favor of 1t which I formerly en-
tertained, and to adopt strongly an
opinion adverse to it in civil cases. it
is certainly wise to examine and weigh
carefully the system. In the rural dis
tricts OF the Western States there can
be little question of its merits. Mis-
takes are so few, and the advantages SO
manifest, that no one with practical
knowledge of its working would dream
of its abandonment. There is no pos
slble substitute for the jury system but
trials by Courts. And it may without
hesltancy be said that juries make no
more mistakes than Courts, and are as
often right in their verdicts as Judges
are in their rulings, When this is con-
sidered, and the immense benefit that
results from the peoples becoming thus
1dontl1eO Win Tue duu1utsIIdGIOA VI
the law, the question is hardly longer
debatable. It is, however, true that
this is largely owing to the superior
clubs of men who constitute our juries.
They are not street loafers nor Court
idlers, but farmers and tradesmen, who
own their own homes; who read the
newspapers who, it not highly edu-
Gated are intelligent; and who, if they
do not give many evidences of culture,
are thinking men who form their own
opinions, and who are independent
enough to be just. What say will
doubtless seem extravagant to many
but it is an opinion deliberately formed
and one which is strengthened by ev-
cry days experience on the bench"
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