The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-08-19

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been disproved before a similar tribunal.
Mr. Choate then spoke at great length on
the jury system, it's good and bad features.
jurymen, laymen of average or even OF
superior intelligence. unaccustomed TO the
application of evidence 10 issues, called
of the court, however patient and attentive
they may be, without aid from the court
to carry along all the evidence as II falls
from the lips of witnesses for week or
month, to apply each piece of testimony
TO the issues. and pack it away in their
minds as they go along. TO measure the re-
suits of croSs-examination upon the direct
testimony, to weigh the evidence of the one
side against that OF the other. They are
necessarily intent for the moment upon
each word of testimony as ii drops from the
lips of the witnesses. In long trial the gen.
eral effect OF the evidence upon their minds
Is vague and indefinite, their memory or de-
tails far from clear, the conflicting argu-
ments of counsel confusing, and they nat
urally look to the judge TO be the light, as
Lord Bacon says. to open their eyes to see
their way through the labyrinth and find
the clews that shall conduct them to the
truth.
Take the Tichborne cases-the civil and
the criminal trials both-those masterpieces
OF trial by jury. those colossal specimens or
adjudication, full of great masses OF con-
ficting evidence-the lost baronet's own
mother had actually recognized the claim
ant as her son-the civil tria. lasting 1903
days and the criminal ISIS days, where Coun-
sci Coleridge, then at the bar. summed up
for weeks, and Lord Cockburn charged the
=,
minds the whole evidence on both sides ard
instructing them how to apply it to the is
sues, with the result that the jury, to whom
the whole case, without that marvellous
charge. would have been a perfect maze.
were led to the light and the truth. What
farce. what an insult to judicial genius,
what a reproach to law, what hindrance
to truth and justice, if Parliament had said
to the jury at the close of the evidence and
the summing up of counsel: You can have
no aid from Lord Cockburn; all he can do
is to hand you written statements of propo-
sitions of law upon which you will retire
ana decide the case the best way you can,
No, for common assault and battery cases
these new devices may not stand in the way
of justice. but when great and complicated
cases arise--as they are likely to arise any
day, when mems passions are excited
when long and complicated trials ensue. on
which great interests depend they are in
tolerable stumbling blocks. =
SERVICE SHOULD BE COMPULSORY.
Jury duty is a great political and public
service, as much so as voting or military
service, or the payment of taxes, and no
fit men ought to be allowed to escape from
the liability to perform it. l know how
irksome it isl know how thankless it too
often appears to be, but if our political in
situations are worth saving, If this cardinal
feature of free and popular form of public
government is TO be preserved and trans
mtted entire, the peculiar form of public
service must be performed by citizens hit for
force OF compulsion if need be-and IT IS
very largely in the hands of the bar ana OF
the courts to see to It that this is done.
But we mustn't wait till our case is called.
and a battalion of incompetentS lined up
tor our choice If we strike at the fountain
and insist upon the proper selection of the
lists by the constituted authorities we shall
clear the whole stream from pollution, and
any legislation necessary to that end we
''And then | insist that the judge who
presides In the court is the keystone OF the
arch in the jury trial. that he must be
ings from beginning to end, and be indeed
a clear light 10 open the eyes OF the jurors.
nRs selection the of hands he Of sSs bs
whose members always compose by large
majority the judiciary nominating conven-
all that ought to be done in each instance
is to select with sole regard to merit and
fitness. the best man that can be had for
the judicial seat. | will not insist without
regard to party-although / think So-bur
without regard to the dictation of any party
machine or of any party despot. You may
be Republicans or you may be Democrats,
but you are lawyers and citizens first, and
you owe this duty at least to your pro-
consent, the American people, in all but
four of the States, have long ago abandoned
an appointment judiciary, as inconsistent
with the theory of reput ican Institutions,
and have insisted upon the election by the
people of every judicial officer-but under
the system of boss rule, the only part the
ton of judges is simply TO choose between
two candidates, each selected by an ire
sponsible despot, who generally makes his
choice for personal or party allegiance. with
just as much and just as little regard to
merit and fitness as his own partisan neceS-
stiles require or dictate. How long will the
bar submit to be the instruments of such
power. power? o,,,,so ,h,o,,
we can at least utter an Indignant protest.
I mean the federation of judicial candidates
who are willing or permitted to pay for
their nomination or to pay their party for
their election. No matter what their per-
sonal or professional qualifications in other
respects may be, such a means of reaching
the office cannot but degrade the bench.
Imagine John Marshall, or James Kent, or
John Jay contributing $4,000 or any other
sum to his party as a condition precedent
to taking Office, could 1t have been said Of
either of them that the judicial ermine
touched nothing less spotess than itself
when it fell upon his shoulders?
And finally the advocates, the third
great factor and component or the trial by
jury. They at least are in your hands, and
they must rise or fall to the standard
which you FIX They are ar mot h class nec set
training and office for the work of the
courtroom, but are necessarily eliminated
by accident by ambition by personal fac
uities. for this peculiar service. In the long
run the doctrine of selection operates 1t is
necessarily the survival of the fttest that
groups them by themselves but the foun-
tain cannot rise higher than its source, and
their courage their honesty, their train
ing and fitness will always be measured by
the standard which the bar at large exem-
plifes, imposes and demands.
'GiVe US, then, competent jurors, able
judges and honest, fearless and learned adj
Vocates, and trial by jury, which am sure
the people of America are determined to
maintain. will still be the best safeguard
of their lives, their liberties and their prop
erty."
At the conclusion of Judge Choates adj
dress reports were made by the standing
committees on Jurisprudence and law re-
form, on judicial administration and reme-
dial procedure, on legal education and adj
mission to the bar. on commercial law, on
international law. on grievance, on law re-
porting and digesting
To-nights session of the association was
devoted to receiving reports of special COM
mittees on expression and classification of
the law on Indian legislation, on uniform
state laws, on federal code of criminal pro-
cedure. on patent law, on uniformity or
procedure and comparative law. on parole
and indeterminate sentence of prisoners. on
federal courts. and on appeals from orders
appointing receivers.
The legal section this afternoon COM
pleted its labors after electing William Writ
Howe, of New Orleans. president. and Geo.
NJ. Sharpe, of Baltimore, secretary.
The patent law section tonight elected
James II. RAYMOND. of Chicago. president,
and Arthur Stewart, of Baltimore, secre-
tary.
international Law Congress.
THE HAGUE. Aug. 1S.-The annual con-