The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-06-06
The Jury System.

The Chicago Times-Herald prints not
on its editorial page but in such man.
ner as to carry editorial Endorsement
an attack upon the jury system which
is sufficiently energetic to be worth re-
peating We suspect that 1t was penned
by Judge Kohlsaat, the brother of the
Chicago papers owner.
1.-THE way to improve the jury sys-
tem," says this contributor, whoever he
may be, ''is to abolish it. The jury sys-
tenn, as exemplified in actual, continual
daily practice throughout the United
States, in courts Of every degree Of de-
corum, from the yawning panel in the
police court to the substantial dozen
who flank the judges in the higher
courts, Is a rank and outrageous mock
cry. 1t Is the most expensive adjunct Of
our judicial system, and its results are
the most worthless. 1t Is above all
things O breeder of bribes, a refuge for
ignoramuses, castle from which to
work In safety any sort of injury, use
less, idiotic, malice-infested and ghost
supported pest. There has not been a
litigant In the last fifty years who was
profited the weight Of an honest penny
by the Intervention Of a jury. And the
litigants who have suffered are named
legion, while the public which has paid
for the larger portion Of the bill Is
patient and long-sufferlng beyond all
bounds Of reason.
Absolutely, jury is helpless, except
to work injury. 1t is more helpless than
the sparrows that twitter on the WIN
dow-sills, when it comes to adding to
the chance Of just administration Of
the law. A jury is the judge Of the evil
dence, yet the court can order a certain
verdict, and may set verdict aside i,
it is not in accordance with the evil
dence. The jury Is coordinate branch
Of the court, yet the judge may send a
juryman to jail-or all Of them, If he
likes, because they refuse to recognize
him as a superior Jurymen are the
bulwark Of American liberties, the safe
guard Of freemen, the chosen peers, and
yet they may be bullied and browbeaten
and insulted and ordered about by ev ,ry
little scrap Of lawyer who can borrow
his way to diploma. AS matter of
fact, few men are tried by their peers,
and few cases see jury Of qualified or
competent men In the pox. The rag.tag
and bobtail gets into the jury box by a
system that, like the peace of God,
passeth all understanding. 1t Is paid
q price which wouldn't hire competent
men. Evidence which not man Of the
twelve can understand is projected at
the jury for days at time. Matters of
the incest balancing are given for this
Indifferent body Of men to determine.
No wonder the old lawyer said If thare
was anything God Almighty didn't
know, it was what verdict an American
jury would bring in.
But it Is in criminal trials that the
gravest injustice is done. There are
half q dozefi men in this town who can
get a jury to acquit or save by dis
agreement any man so elected. Their
friends are beyond the reach Of punish
ment There are three lawyers who
will, to an absolute certainty, secure
an acQuittal or disagreement II they
can come into the case before the jury
is drawn. And one Of them can come
into case the day the panel il called
and guarantee u disagreement at the
least. OF what good, then, is the jury ?
How does it help the ends Of justice ?
Where can 1t, even II It were ideal. do a
single thing better than can the Judge ?
Is there on objection to trusting your
life. your liberty or your fortune to any
single human intelligence? But one
man decides It, anyway. All twelve
must agree, or there Is no verdict. 1t
were too much to describe how they er-