Evening star., 1898-08-18
AT SARATOGA
Annual Address to the Bar Association BY
Joseph 4 Roats.
Frequent Applause ELECTED by His
Remarks Upon Asla's Trial-Jury
Trials Defended,

day and listened to the annual address to
the American Bar Association by Mr.. JOS.
H. Choate of New York The address
elicited frequent applause. He said, in
part:
Il have greatly at heart-a subject so
trite, that perhaps rothing new can be said
about it, which has been more discussed
than any other, but which yet remains a
subject of ever fresh and vital interest to
every American lawyer and citizen-the
trial by jury. Since you last met a thrill
iFg event Of prime Importance in its rela-
lions to Jurisprudence has occurred in
France, which must have arrested the at
tention Of every thoughtful observer and
have led especially those sagacious, theor-
lists who have never tired of denouncing
trial by jury. and those experimental phil
oSophers and legislators who are ALWAYS
seeking to limit or to mutilate it, or tamper
with 1t in some way or other, to reconsider
the matter and think once more whether
we should not do letter to let it alone or
only sustain and improve it so as to pre-
serve it inviolate, the Constitution of
the United States and those of most of the
states require.
You will readily recall the main incl
cents of the trial of ZoIa.
Zola's Trial.
"a jury was sworn, but apparently its
sole function was to register the edict of
80,
which demanded conviction. OF course, the
defendant was presumed to be guilty until
he should prove himself to be innocent. but
every effort of him self and his counsel to
elicit the truth was thwarted hostile
audience, with which the court room was
packed, was permitted to cover the accused
with contumely. 'Conspuez Zolar greeted
his entrance lnvective from court, pros
ecutor and witnesses took the place of evil
denoe and Of argument. There was no
rlsnt or cross-examination, no law of evi-
dence-witnesses who were summoned de-
fiantly stayed away-those who came re-
fused to testify further than they chose
and were suffered to harangue the jury for
the prisoner and against the prisoner and
retired amid irrepressible applause
Hearsay was the main staple OF the pro-
ceedings. A perfect pandemonium prevail
ed throughout the trial. and at the end of
two weeks, as everybody had known from
the beginning, the heroic defendant was
convicted and sentenced, and his principal
witnesses were degraded or dismissed from
the public services. However salts -actory
such method of administering criminal
Justice may be to the French people who
clirg to it through all changes of govern
ment, it could not but excite horror and
disgust throughout the Angio-Saxon world.
The proceedings were read wherever Zolas
fascinating romances had preceded them
Every safeguard of personal liberty enjoyed
In England and America for two centuries
had been violated. We could not read the
with our own trial by jury, or without the
pious utterance from every lip, Thank
God! L am an American.
Trial by Jury.
This signal event, 50 shocking to our
sense of justice and right, has done more,
l am happy to believe than whole volumes
of argument to strengthen and perpetuate
our faith in our wholly different system of
procedure for the ascert tainment of facts
on which life, liberty or property are to be
Drought IN Judgment. II will help to pre-
serve in its integrity our precious trial by
jury, by which no man can be deprived of
life or liberty by the sentence of a court
until his guilt has been proved beyond all
reasonable doubt to- the. unanimous salts
faction OF twelve of his fellow citizens, and
no man can lose his reputation or his prop
erty by Judgment of a court until by a clear
preponderance of evidence his right to it
has been disproved before a similar tri-
bunal.
THE truth is however that the Jury sys-
TEN is so fixed as an essential part of our
political institutions, it has proved itself to
be such an invaluable security for the en-
Joyment of life, liberty and property for so
many centuries; it Is so justly appreciated
as the best and perhaps the only known
means of admitting the people to a share,
and maintaining their wholesome interest,
In the administration of justice; it is such
an Indispensable factor in educating them
In their personal and civil rights; it affords
such a school and training in the law to the
profession itself, and is so embedded in our
constitutions, which, as | have said declare
that 1t shall remain forever inviolate re-
quiring a convention amendment to
Improve or to alter it-that there can be no
substantial ground for fear that any of US
will live to see the people consent to give
it up.
For the trial of persons charged with
crimes / 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 one in
nocent man should suffer-
Reports We're made by the standing COM
mittees on Jurisprudence and law reform,
on judicial administration and remedial
procedure, on legal education and admis-
sion to the bar. commercial law on in
ternational law, on grievance and on law
reporting and digesting