The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-05-29

list what Is usually termed the best
class OF citizens, leaving me to try is
sues with the remaining two-'thirds or
three fourths. Now, these remaining
were sober, intelligent and judicious
persons but they were confined to two
or three vocatious. None OF them had
experience in large business affairs,
involving employment of labor, man
agement of corporate interests or mu-
nicipal government. The professional
man, the boss mechanic, the city coun-
Gilman. the thriving farmer, all wanted
TO be excused from the jury service,
because of the pressing nature of their
business affairs. They were superior
men, the very best specimens of the
judlcious citizen. Relieve this class
from jury duty, and you at once re-
duce the average of conscience and in
telligence in the jury box. And this
condition exists in this city, and in
every county of the commonwealth to-
day. The most intelligent and judicious
citizen in every court rs seeking to
escape jury duty, and too often he sue
ceeds In evading the performance of
an unpleasant service. This was not
the case in the early history of our
country. Then the most intelligent and
influential citizens felt honored by be-
ing called upon to serve as jurors, and
never sought to evade the duty. Busi-
ness was not so exacting in it's de-
mands the pursuit of wealth was not
so eager. The consequence of this
evasion of duty is you have not in the
jury box the average conscience and in
telllgence of the public. What would
be the verdict in any given case in
volving a property right with three
or four such men on every jury to aid
by their conscience, intelligence and
knowledge of business affairs in the
deliberaton, we cannot certainly know,
but I believe that with them there,
unjust verdicts would be rare and the
growing dissatisfaction with the jury
system would in few years disappear.
TONE MAY BE RAISED.
"I would take the banker from his
desk, the editor and professor from
their chairs, the preacher from his pull
pit and put them in the jury box, there,
under OATH to well and truly try or
true deliverance make according TO the
evidence, / would make sinking jury
duty as odious as skulking in time of
war; instead of leaving to them the
sole part of criticising and denounciny
courts and juries, / would infiexibly
compel them, as the law intended they
should, to perform their part in the ad-
ministration of justice, wherever they
were sober, intelligent and judicious.
l would make jury duty as imperative
and as certain as payment of taxes on
a house and lot. The presence of such
men would raise the average of con-
science and intelligence as indicated
by the verdict, and have it represent
the intelligence and conscience of the
general public. Instead of wholesale
denunciation from the most trivial
evidence, and, instead of stating the
real cause, their own fault in duty, l
would give them the opportunity to
learn for themselves how both courts
and juries, with the light they have,
strive to arrive at the truth, under the
law and the evidence. If they have
not all the light they should have it is
because those who carry the light hide
it under a bushel'
but these observations have al
ready extended beyond the time limit
of such an address. l have not sought
| to discourse profoundly on the prin-
| ciples of Jurisprudence. as applicable
to trial by jury, but only to call atten-
| ton to what to me seems full of peril
to the institution itself, and SO, If pos
sible, to suggest a practical cure for the
defect, and to save to our free govern
ment that part of it which, in my opin-
ion, is it's very life. To survive, the
| jury must represent the conscience
and intelligence of the whole people,
not Of a part"