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

nve other states tuStFett PfoSi,i'n ~ ~
same direction has been made ~ ~
thorizing the Legislature under pro-
scribed limitations to enact laws 20 hs
samc effect. and that IN Scotland vess
dict by thrce-quarters OF tho jury has
long been permitted.
WHOLESOME VIEWS
Upon tho whole tho English people ana
ours maintain sound and whossome
views on this important subject, which
ought not TO bs disturbed. especially -
these times. whom tho aggressive ranks
OF Socialism and Populism are dispose
TO strike at tho right of property. the
foundation OF civilized society. and would
naturally seek TO convert tho jury box
into a weapon OF offence.
Tho only other important defect attrf-
buted to the trial by jury as conducted
from time immemoriai. is the too prcva-
lent notion that 1t permits to the trial
Judge too great power In conducting
the trial and guiding tho deliberations OF
tho fury. And so jealous have the p5o-
pie in some Of the States become OF such
imputed interference OF tho Judges with
the functions OF tho jury, that In several
states. instead OF taking Measures to ifp-
prove their breed OF judges. statutory
contrivances have been devised 20 curtaii
and impair what seems 10 mo 90 be the
necessary function OF the court, as an In
herent part OF the tribunal. without
which It's duties cannot DO well ana
properly performed. whereby frequent
failures Of justice must eventually result.
can conceive OF nothing better adaEt-
ed than all such devices for mutslasins
and emasculating trial by jury. marring
its symmetry. and destroying Its utility
u he
truth OF the facts for judgment.
The proper functions OF the Judge In
jury trial were never better expressed
than by Lord Bacon In HIS charge TO Mr..
Justice Hutton in handing him his COM
mission TO tho Court OF Common Pleas.
that you be a light to Jurors 20 open
their eyes ana not guido to lead them
by their noses
THEY NEED HIS HELP
II IL impossible for twelve jurymen.
iaymen OF average or even OF superior in
telligonce. unaccustomed 20 tho applica-
tion OF evidence 10 issues. called from
their several vacations for the service OF
the court, however patient and attentive
they may be. without aid from the court
TO carry along all the evidence as n falls
from the lips OF witnesses for a week or
a month. 10 apply each piece OF testimony
to tho issues. and pack II away In their
minds as they 20 along. 60 measure the
results of cross examination upon tho d.
rect testimony 10 weigh the evidence of
the one side against that or the other.
They are necessarily intent for tho mo-
ment upon each word OF testimony as IL
drops from the lips Of the witnesses. IN
n long trial tho general effect OF .he evf-
dence upon their minds is vague and In
definite their memory OF details far from
clear. the conflicting arguments OF coun-
sci confusing. and they naturally look
10 the Judge 70 be the light as LWd
Bacon SAYS. 20 open their eyes no see
their way through the labyrinth ana bpd
the clews that shall conduct them 10 the
truth
But YOU will Justly ask. Is there no de-
feet. no drawback. no decadenoe IN this
much-boasted trial by jury and is thcrc
no Improvement, no remedy which you
can suggest as the result OF forty years
experience as n participant In this mode
OF ttial2 and YOU will very properly ex-
pect from me an answer 10 these ques-
lions.
NO SUBSTITUTE PROPOSED.
WELL do admit the existence In some
degree OF the very faults which / have
been considering. but the result OF my
experience and observation has been that
grossly exaggerated. and If YOU have fol-
lowed me thus far and read between the
lines OF my address, YOU have seen THAI
I have no faith In the legislative RENE
dies which havo been experlmentally ap-
piled, because they tend generally TO Inn
pair the integrity. the efficiency. and
the utility OF this great and time-honored
tribunal. and because they do not pro-
pose--there has never yet been proposed
any adequate substitute 20 take it's place.
Jury duty IS n great political and public
service, as much so as voting or military
service. or the payment OF taxes and no
ft men ought 10 b. allowed TO escape
from the liability % perform II. know
how irksoms It Isl know how thankless
&C. too often appears TO be- but IL our
political institutions are worth saving. II
this cardinal feature OF free and popular
government Is to be preserved and trans
mitted entire, this peculiar form OF public
service must be performed by citizens III
for the duty; voluntarily II they viii
but by force OF compulsion II need be-
and II Is very largely In the hands Of the
Bar and Of the courts TO SEQ to II tiut
this IS done.
And then | insist that the Judge who
presides in tho court is tho keystone OF
the arch In the jury trial. that he must
DO permitted 20 have control OF tho pro-
ceedlngs from beginning 10 end. and he
indeed clear light TO open the eyes OF
tho Jurors. The selection OF judges Hes
largely In the hands OF tho bar whose
members always compose By n large ma
iority the judiciary nominating conven-
lions of both parties. All that can DO
done-au that ought TO be done-in each
instance IS 10 select with sole regard to
merit and fitness the best man that can
be had for the judicial seat. / will not
insist without regard 20 pariy-although
I think so-but without regard 10 tho die
tatioh OF any party machine or OF any
party desDot.
ANOTHER ABUSE.
There Is one other abuse against which
we can az least utter an indignant pro-
test. | mean the liberation OF judicial
candidates who arc willing or permitted
20 pay for their nomination or 70 pay
their party for their election. No matter
what their personal or professional quail
ncatlOns I'm other respects may be. s1ch
a means OF reaching the office cannot
but degrade the bench Imagine John
| Marshall. or James Kent. r. John Jay
contributing ten thousand dollars or any
| other sum Il, his party as condition.
| precedent % taking office. Could II have
| been said OF either Of them that the judi
| cial ermino touched nothing less spotless
than itself when It fell upon his should
/ crs2
And. nnally the advocates--ths third
great factor and component Of the trial
a srsta.. In vOur