The times., 1898-07-03
SECRETsOF THEJURYRO0M
Various and Peculiar Methods
of Arriving at Verdie!s.
WHY MANY MI TRIALS OCCUR
Jurors Often Compelled to ReIin-
uuish Their Opinions by the Per-
tiHacity and Determination of
Friends of Accused PersonS-Com-
promises Frequently Necessary.

Secrets of jury rooms, unlike secrets In
Masonic and Other lodges are often made
known 10 the outside world in general.
Frequently they are impaired 70 compar-
atively few persons. and in some cases
beyond a doubt iuries feel inclined 10
keep their deliberations 10 themselves
feeling. with a certain degree Of modes
". not TO say shame that their methods
Of arriving at verdicts are certainly
questionable as TO righteousness and ex-
act justice Many think that the jury
system in this country might greatly be
improved upon. and if monographs could
be introduced into jury rooms. and made
to report all the conversations there very
many persons would receive d shock
not far from startling.
In a recent case in a Southern city
court a woman sued a corporation for
$25 600. Able counsel appeared on each
side, and the case was bitterly contest
ed. The jury was out some time, and
then returned with a verdict for the
plaintiff assessing her damages at $500
Considerable surprise was expressed az
this peculiar verdict, and some trouble
was taken 10 find how the jury had
reached it. 1t was learned that ten OF
the jurymen We're opposed to giving her
any damages at all Two favored small
damages. 1t was finally decided 70
take the total of the amounts these two
wanted the corporation 10 pay, and d.
vide II by twelve The amount thus ar
rived at was 10 be made the verdict. II
was found TO be $50.
Make il S5901," said one Of the jury
men. Her lawyer will take the $50, and
that viii leave the woman cent, at
least"
And so the verdict was returned
This manner Of arriving al an average
OF damagaes Is not. uncommon and law
yers and other court officials find no red
son TO doubt that many a verdict which
has been accepted by both sides, or sls-
tained by supreme courts mas been reach
ed in similar manner.
IN recent damage case in which q
widow with several children sued rail-
road company for heavy damages for the
loss of her husband, il IS said that the
verdict was got al by the Jurymen frst
deciding what was the smallest amount
the widow and her children, none OF
whom was seIf-supporting. could be sup
ported for per month. When this was
reached 10 the satisfaction OF all the
jury, one Of them figured out what
amount il would be necessary 10 invest
at per cent to yield the family that in
come. The amount thus reached was as
sessed as the damages the corporation
ought 70 pay for the death of ,he man
Law and evidence has frequently been
ignored both IN civil and criminal cases.
by the sympathies or the prejuGices OF
jurors They are unable 10 Withstand the
pathetic eloquenCe or the Jove-l-ke DEM
Onstrati0ns Of the oratoriCal lawyers who
address them. Other means tend 20 pro-
duce verdicts utterly unwarranted when
facts and justice are taken into consid-
Grafton.
A man in the jury box is Ike his
brother on the outside, vulnerable and
apt TO be swayed by feelings and sentl-
ment. Sometimes a friend on the jury.
sometimes afhIiati0n with a secret So
ciety. or membership in a church, cuts
more weight than the pleadings OF the
judges charge.
One greas point. however. can be made
70 the credit OF an American juror Brib-
cry is q rarity IN the disposition Of cases
under his consideration OF course il does
happen, oftener in the larger rhan IN the
smaller cities. but II is rare The innate
honesty OF man more than the fear OF
results. stands directly in the path.
Mistrials in criminal cases often occur
because of the intentions of one or two
men friends OF the accused who are de-
termined 10 do their best 20 aCquit hiHl.
Sometimes they happen because OF the
design Of juror 20 pr0iGng his job, az 50
much per diem, with meals thrown in,
and thus secure as much cash s he pcs
stbly can under system OF tactics en-
gagged II 20 pr0l0nS verdict
In criminal cases the verdicts are fre-
qUently the direct results OF a cOnpro-
mise. 1t may seem unjust TO the accused
but il is often found that the only way 10
get a verdict is for jurymen to yield %
some extent in their convictions as 10 his
guilt or innocence. After the jury in a
murder case, for instance. has retired. a
foreman is first elected. and then
a vote is taken, as a rule, directly on the
question as TO whether the accused is
guilty of the charge for which he was
indicted If all believe IL TO be a clear
case OF murder. the verdict is speedily
made up. But where there Is a diversity
of opinion the reverse is true Some per-
haps. are for murder with a recommended
tion to mercy. some for a lower grade Of
crime. and perhaps one or two may re-
gard the accused as innocent Whenever
there is a man on the jury who con-
scientiously believes the prisoner to be
innocent misTrial may be looked for
Such Il man. in justice TO himself. can
not compromise. But when all think some
punishment is deserved d conclusion may
be reached on a middle ground. Murder
is reduced to a crime that carries but a
few years of imprisonment instead Of the
death penalty or a life term. and all the
jury when discharged feel that they have
done their duty If compromises of this
character were forbidden there would be
mistrials without number.
As in murder trials. so in cases where
burglary is charged, compromises are
reached on the basis of larceny from the
/ house. Highway robbery Is changed into
larceny from the person, and so on