The record-union., 1896-06-16
ANOTHER JURY.

The Record Union the other day
commented upon the peculiar perform
ance of two juries IN San Francisco.
which took the bit in their teeth and re-
fused to find as the facts warranted,
and thus stayed the course Of justice.
this time in Sacramento, where ten
stood for acquittal and two for con-
viction- The main reason Of the stand
Is said to have been the unwillingness
of the ten jurors to find the defendant
guilty because they would also have to
find that there was a judgment of for
mer conviction, a fact not denied or
susceptible Of denial, since it was a
matter charged and proved by in
dubitable evidence. It Is true that 1t
is claimed for the jury that while be-
lief of guilt was general, some doubt
as to sufficiency of the evidence was
entertained But the chief thing that
hung the jury was the former convic-
ton penalty.
The oath of the juror requires him to
find the facts according to the evidence
and the law, the law being given to him
by the court. In such instruction the
question of penalty cuts no figure; it is
a matter Of no concern with the jurors,
save in murder cases, where they may
fix the penalty. their duty not even per-
mitting them In other cases to con-
slider the punishment at all, that being
wholly within the discretion Of the
court
At 2 time when there is such celerity
to assail the courts and find fault with
their Interpretation Of the laws, it
behooves the people to consider how far
the jury system contributes to the de-
feat Of justice. Instances multiply In
which jurors disregard their oaths. and
take cases into the jury-room with the
idea that they are the sole arbiters. and
that the law and the court have moth
ing TO do with their action Such was
the case of the two juries" concerning
whose strange procedure the Record
Union" the other day commented
If there Is to be growth of this SEN
timent. the jury system VIII become an
autocracy and the power OF the law
nullihed. It might serve a useful pur-
pose TO have the oaths of jurors printed
upon e large placard and suspended In
every jury-room that the members
might have their obligation con-
gtantly before their eyes while in con-
sultaton AS it is, 1t is becoming more
and more evident that jurors are de-
claring their Independence Of the courts
and the laws, and themselves admins
tering the Penal Code according to
their own notions as to what should be.
though those ideas may fly directly In
the face OF the law enacted by the peo-
pie and laid down in the statute books.
One other Instance Of jury despite and
defiance is to be recorded against one
or more OF a Sacramento jury. The
law explicitly instructs jurors to pass
upon cases submitted to them on the
evidence presented IN the courtroom,
and while they are sitting In the box
Yet recently, one or more jurors In a
criminal trial In this county. in the re-
cess of the court, went out to take tes-
timony independent Of that presented IN
court, and viewed the premises where
the crime was alleged to have been
committed. 1t was clearly error, to put
II mildly, such error as would defeat the
ends of justice, and. in case OF convie-
ton. give a guilty defendant clearance.
DIR. Louis Robinson is out In BLACK
wood,s" with new theory and we con-
Sess TO much faith In 1t. He rejects the
accepted doctrine of physiognomics,
that every mans character Is so writ
tan in his face that the student of facial
expression has small difficulty in read
tnr IT, DIR. Robinson's argument Is that
mems faces do not indicate what they
ore 30 much as what they strive to be.
Henos thu facial expression In time pc