New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-08-19
victed and sentenced. and his principal witnesses
were degraded or dismissed from the public ser
FINED IN ORR JNSTITIrTIONS

do not appeal TO sentiment popular
prejudice in defence OF this. which believe to be
the best method yet devised for the determination
Of disputed questions Of fact in the administration
OF justice. There is no neeG Of such appeals-and
If | were weak enough to resort TO them, they
would be wasted upon ar assemblase of lawyers
The truth IS however. that, the jury. system IS SO
hxed as an essential part o, our political insutp-
security iOr the enjoyment or NE, liberty ana
property FOR 50 many centuries. II Is so justly APP
means Of admitting the PEOPLE 10 a share and
maintaining wholesome interest, in the admins
in educating them in 'heir personal and civil rights;
sGG ssh a1a ana h N in me e raw no
s,itn'ions which as hay SAID declare that II
ton or an amendment 70 Improve or 10 alter it
that there can be no substantial ground Tor fear
that any Of rs will live to see the people consent
FOR The trial of persons charged with crimes,
do believe that any material alteration OF It's
character will ever be bought Of It is 50 much
one innocent man should suffer. In truth. in these
days of multiplied statutory crimes ard Inisa.-
by not being found out by not being accused. by
not being brought trial after indictment. and
OF Appeals, so that established public policy
seems to lean against any harsh or rigid or arli-
Sir James +. stephen has well said. accepting az
we must ne rule that ne defendant gnt mus
he can be convicted it is hard to see how, a. long
has reasonable doutt. the prisoner can justly be
deprived Of the benefit OF # without destroying
any change far criminal trials are con
ceined. is the question what substitute viii YOU
would command the approval Of a corporafs guard
of lawyers or Of laymen. -.
Court Of Appeals in New York which viii illustrate
jury in criminal cases FOR which contend, one 81
long standing and one Just announce. BON OF
murder. and which must. as believe. commend
themselves TO general approval H. the celclrateG
go on with tho trial. the Government and the
prisoners counsel I'm his presence consented that
ing eleven jurors. and the defendant was convicted
but ne Court reversed up99 9 ne tt rem II VIA on
dangerous a precedent to esiablish. it held that
the public had vital and inalienahle interest IN
the preseryaiion intact OF ms cona,u'.oaii UT
that # the prisoner could waive one juror ne could
waive eleven. ana create a tribunal Of ms own;
competent 10 determine on the sudden az 10 the
wisdom safety % going on with Juror lost ana
who bur he could he empowered 10 derile Tor MN
The other tn Sheldon case, decided but yeser-
Eek %ngr' ho ouT nnd So oOe eemped cocon
/ and the Court OF Appeals reversed on the ground
By reason evidence. result which all the world
must approve.
ONE SERIOUS INFIRMITY
There is one serious inhrmI.y in trial by jury in
/ criminal cases IN time OF great excitement espa-
! cially when the more boisicrous portion OF tie
J
! the case and to condemn the accused unhcard. The
jury under such circumstances find II hard 10 resist
/ the impression OF public sentiment so loudly pro-
claimed. The courage and hrmness which STOOD
/ as efcctual barrier against the wrath ana
tyranny Of kings. and which Tor the petit jury
so much OF its prestige and glory in English hts
tory, are certainly likely at times TO idN when con
fronting the outraged scntimcn, Of that more potent
Fortunately such tempests Of popular fury are very
rarely directed against innocence ana otL'r tlnu-
nails Go not withstand their fury while the storm
lasts any better than the jury. Judges Of the first
instance, ana even NE IocaI lrlDuilas ol .ipi,,t
have been found equally powerless 10 stem the ide
Study the reports of our own Court Of Appeals III
recent years and you will ind more than one IN
| stance Of public wrath in our great metropolis.
newspapers and somewhat lawless investigating
committee. WHERE the Trial court unconscioGsly
committed fatai errors against me prs9ner when
1t was only wher the storm had passed and the at
mosphere cooled that the court OF last resort SIT
ting in the remote capital corrected he error and
each time with the unfortunate result that an ap,
nnpon Mega evidence or rulings escaped aogciher
one other charge against trial by jury IN criTni-
Of individual jurors. But in my Judgment. The
common estimate of the extent Of this danger IS
authenticated cases Of such crimes IN the jury box
| eases. but In an experience OF more than forty
years in tho trial of civil cases before jur"s can
| that corruption or bribery had reached 4 single
! Juror. And If you can show me few authentic
cases Of such infamy I'm the jury box. viii under
| take TO match them with an equal number u sim-
/ lar crimes committed by judges. VINO have been
| properly exposed and punished
| NJ, with ali its defects and faults which cannot
| be denied disguised. there IL no danger ~ trial
| 10y jury IN criminal cases being suppant'd ln ne
| confidence OF the American pcople-nor has any
possible substitute for 1t ever been seriously sug-
1t is for the integrity efficiency and utility Of
cerned. ana would most earnestly plead today VIII
| my professional brethren VINO are naturally re-
! spOnsible for public sentiment on such subject.
! ,,9 end mai The oldfashioncd trial by a Jury Of
/ intelligent
dav. an suggested Innovations ard ann ndmenis -
f fnr b dermna;ion Of facts as the basis OF judr
mcnt Of courts. and nat Al at,cmp,s 10 tinker or
! to the public welfare.
ELEMENTS or a JURY TRIAL
! You may say that / am contcnding for an ideal
| tribunal On the contrary. speak for what is not
! only possibly. but actually. within the reach "
| every State ana every communicated only for
/ the purpose designed. when say mat par
! ,,cnlar man would make ideal judge. an ideal
/ Senator an ideal general
| Let me say what understand b. a jury trial
/ tina, picturesque. dramatic and very human Tran
/ saciion. that arena on which mas been i'utii ne
/ great battle Of liberty against tyranny; Of rigAi
against wrong. Of suor against Snitor, ma schoo.
which mas always nt"h open 10Y 'he sifn non anu
/ entertainment Of the common people 0i England
and Amcrca hat bos had yn iine more
pupils than all the la" schools ana INNS Oh tourt
! America Of whom four-hf,hs probably never saw
the inside Of a law school. ...,,,,., .,,o,,,, IN ,
Jury trial is "A wise learned. impartial and compe-
! ;enf iudgc--a Judge qualified by his safactor.
ie.,r1g and experience 10 preside and control
J Tho pr0cecding- and 10 advise the Jury as 10 TIE
/ diechnrp. of their duties. Add The ordinary mo-
djcilm of legal learning. courage honesty ana com
] ,non-sonse and you have the Kind ~ "a Juds"
mean If we say tha' adequate supply OF sucn
! i,dg.s possessed of these ordinary qlalil"s "i
/ manhood cannot be found. we hbcl our own pro-
] fereinn we hefOul our own nest wherein they are
/ hrcd or course. they cannot be had. II We Apply
| "a judicial nominations our fayOriic democratic
/ tg,.' fh,t one man is as good another for any
Office: Of course they cannot be- had II selected iCr
r.rfisau services OF course they cannot be had II
! nrnnoin,cd bv q boss. If they are required or
/ Moved "a pay for their nominations directly II
.l,a, he