The times. [volume] (Richmond, Va.) 1890-1903, 1898-08-19

an III american.
do nor appeal 70 mere sentiment or
popular prejudice In defence OF this.
which believe to be the best method
yet devised for the determination or dis-
puted questions OF fact in the admin's-
tration Of justice There is no need OF
such appeals-and II were weak enough
to resort 20 them they would be wasted
upon an asemblage OF lawyers ike TINS
OUR SAFEGUARD.
The truth is. however. that the jury
system s. so fixed as an essentiai part
OF our political Institutions. 1t has proved
Itself 10 be such an invaluable security
for the enjoyment OF life. liberty and
property for so many centuries. II Is 50
Justly appreciated as the best and per-
haps the only means known Of admitting
the people to a share and maintaining
their wholesome interest in the admin
istration OF Justice; Il Is such an tndis-
pcnsable factor IN educating them In
their personal and civil rights: II affords
such a school and training in the law
10 tho profession itself and Is so en-
beddcd I'm our constitutions which. as |
have said. declare that II shall remain
forever invlolate. requiring convention
or an amendment to improve or TO alter
it-that there can be no substantial
ETOMuu tNf lHAE ilAA ally VA - wiz hf'
to see the people consent 70 give II up.
For the trial OF persons charged with
crimes I do not believe that any material
alteration OF It's character will ever be
thought Of 1t is so much better that
ten guilty men should escape than that
ono innocent man should suffer.
There is one serious infirmity in trial
by Jury in criminal cases I'm timds OF
great excitement especially when the
more boisterous portion Of the press un-
dertalSes. as II generally does, 70 pre-
fudge tho case and to condemn the ac-
cused unheard. The jury. under such cir
cumstanccs. find it hard 20 resist the
impression OF public sentiment so loudly
proclaimed The courage and firmness
which stood as an effectual barrier
against the wrath and tyranny OF kings,
and which won for tho petit jury 50
much of its prestige and glory In Eng
fish history. are certainly likely at times
20 fail when confronting the outraged
sentiment OF that more potent and dan
gerous despot-an enraged democracy.
EVEN JUDGES.
Judges of the first instance. sand even
the local tribunals Of appeal, have been
found equally powerless 10 stemNhe tide.
one other charge against trial ny jury
in criminal cases IS The possibility OF
corruption and bribery OF individual
Jurors. But. in ny judgment the COM
mon estimate Of the extent 81 this dam
ger IS greatly exaggerated.
No, with all its detects and faults
which cannot be denied or disguised,
there f. no danger 81 trial by jury in
criminal cases being supplanted I'm the
confidence OF the American peopIe'-nOr
has any possible substitute fer II ever
been seriously suggested.
Lot me say what l understand by a
jury trial Well the first and most
essential element In 5urv trial Is a
wise learned. impartial and competent
judge iudgo qualified by his character
learning and experience 20 preside over
and control tho proceedings and 10 adj
wise the Jury as 20 the discharge OF their
duties. Add 30 the ordinary nodicum Of
legal leqrnpg courage. honesty and cont
mon sepse and YOU have the kind % g
Judge J wc1r. II we say that an ado
uuate supply Of such judges possessed
Of these ordinary qualities OF manhood
cannot DO found. we libel our own pro-
fession. We befoul our own nest wherein
they are bred. Or course they cannot be
had n we apply 20 judicial nominations
our fayorite Democratic idea that one
man f. as good az another for any Of
AlfNs % ANAAu t hll|N ifi4iAAWN NC nttNA Il
leCted for partisan services, OF cOGrsc
they cannot be had II appointed by a
boss, or AZ they are required or allow
"a 10 pay for their nominations directly
or Indirectly: hut they can be had II
selected on their merits from the gladi-
afors IN this Same arena, as England
has selected her Judges since i6ss, always
with assured success. They must be
had. II our institutions are to be pro-
served.
And then there are tho twelve honest
and intelligent Jurors drawn from the
body Of the community. sworn 20 pass
upon the issue and 10 return whence
they came when their task Is done.
THE ADVOCATES DUTY.
And then you must have the earnest
and loyal advocates sworn 70 do their
whole duty; which means 20 employ all
their powers and attachments. and TO
use their utmost skill and elOQucncc, I'm
exhibiting the merits each OF his own
side Of the case. In doing so. as Mr..
Justice Curtis well said the advocate
only does his duty and II the adversary
does this. the administration OF justice
Is secured
Are we willing 10 admit that the bench.
the bar. the intelligence OF the cOmmu-
nifty from which the average juror. Is
hrty years. or In our generation. that
this great tribunal. which has command
ed the confidence an approval OF all
English speaking people for centuries.
Is no longer adequate for our public
needs? For one I refuse 70 believe
that.
This trial by Jury for which I stand,
IS not only ancient as magistracy. rich
IN the traditions Of freedom and or JUS
tice. glorided by the prestige and the
rcwess OF all the great advocates Of our
race. but II is the proudest and most
delightful privilege Of our whole pro-
fessiOnal life.
IT IS SAFER.
SO let mo say. and again upon the same
authority Of personal experience and OBJ
servation. that for the determination of
the vast majority OF questions Of fact
arising upon conflict Of evidence, the
united judgement OF twelve honest and
intelligent laymen. properly instructed
by a wise and impartial Judge. who ex-
presses no opinion upon tho fact. Is far
safer and more likely 10 be right than
tho sole judgment II the same judge
would be-. There is nothing I'm the sciep-
tifc and technical training OF such a
Judge that gives 10 his Judgment upon
such questions superior virtue or slue
and we cannot be TOO frequently re-
minded Of the valuable opinion on this
point. Of one OK our dearest and broad
est minded judges. Mr Justice Miller
given as the deliberate result OF quar-
ter OF n. conturys experience In the
chief court OF the nation.
1T ~ Of the highest Importance hc
says. that IN a jury trial the Judge
should clearly and decisiyely state the
law which IL his peculiar province. and
afafs