Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-11-16
a commuMIcA CATION.
Is the Jury System tho Set III All Cases?

| necessity Tor law. 1t is as old as
| civilization, and is supposed to be
| founded on justice and equity. The
, humblest individual and the ablest jur-
list are. ostensibly at least. on common
| ground where personal rights and lib
erty are involved. The law asserts s"it
| VIII lmpaftially hear any cause, and
vigorously defend all rights proven
! 10 fulfil such obligations it has Great
el. and maintains tribunals where per-
sonal. communal, or national causes
| may be presented, and all means legal
~ procrrable may be adduced to SUBJ
stantiate, or controvert opposing
claims. 1t would seem then that with
the provisions made for hearing, and
safeguard established for defending;
that a miscarriage Of justice could
hardly occur. and that the last appeal
to proper courts would safely and just
ly settle all contentious. If all persons
We're honest. and possessed the attri-
butes of God no earthly tribunals need,
or would exist, but it being very much
| otherwise they are needed, and are
much in evidence in all that the term
implies.
Is Trial by Jury" the best system
than can prevail in our several courts?
There are many, and various opinions
upon this subject.and there is certainly
much against, il there be some reasons
FOR its continuing to prevail. From
considerable experience in court work,
wholly as witness, i am persuaded
that the majority of Jurors seek to do
their full duty as they understand it.
and that many times they do not, and
cannot appreciate the full force and
value of testimony. 1t is no dis
paragement to them as men, or a re-
Election upon their intelligence. The
majority of plain cases may, without
doubt. be safely entrusted to their
judgment, but that many cases must
not have an intelligent opinion is GER
tainly true.
A witness, to be competent must
have personal knowledge of matters
pertaining to the cause either from
having heard, seen, or participated in
in such way as enable them to state
facts relevant to the case.
If an expert witness, so called, he
must have familiarity with the sub
ject. acquired by experience, observa-
ton, or study that renders him COM
petent to instruct the court upon alb
struse points involved. so that it. in
turn. may elucidate obscure points 20
the jury. No one will deny that it re-
quireS an educated mind trained be-
You'd ordinary capacity to grasp fully
intricate truths that may, and do have
most important bearings upon points
at issue.
In cases involving mental ability
and responsibility of a person sus-
pected of crime, or question arises of
testamentary capacity to dispose of
property, in which the finer shades of
departure from a normal status exists
and by reason of which responsibility
is decreased, or abolished; or property
alienated from it's proper and legiti-
mate channels; it should rest with
trained alienists to enlighten the Judge
and upon their conclusions, should
guilt, innocence. or capacity be deter
mined. 1t is no insult to the highest
intelligence of jurors to say they do
not and cannot understand much of
the evidence upon which an honest
trained expert bases his conclusions.
Again in matters involving the law of
upon juries are sufficiently educated in
physical law to understand the prin-
ciple involved, and even judges may go
astray of whose honesty, and integrity.
and fairness no one would think of
questioning.
To illustrate: A case comes before
court involving the questions of
homicide. suicide, or accident. There
We're no witnesses to the DEATH and
the determination of its cause rests en-
tirely upon circumstantial evidence. 1t
is surely incumbent upon all who may
in any way become connected with the
case to understand fully, and weigh
carefully every point and word having
any bearing, immediate or remote,
upon the case lest innocence suffer- or
justice miscarry. Now there are rules
well established. and principles worked
out by honest, scientific men throwing
much light upon the questions in
volved. and materially aiding one in
arriving at truth. First comes the
careful noting of all of the surround
ings: position and condition of the
body; the appearance of a wound, or
wounds; their direction if penetrating,
as indicating the nearness, or angle at
which they were probably inflicted.
If a gunshot wound. the entrance and
exit, if so be the missile has passed
through, particularly the wound of en-
trance for marks, or powder stains. or
! burning of tissues, or singing of hair
if there be any around the wound,
which appearances may indicate the
probable distance at which the weapon
was discharged.
Now all of these things may seem
simple enough when told, and they are
if we accept the statement as conclu-
sive, but there is defence opposed to
the prosecution, and every resource
| available is employed to disprove
claims made by the State. At this
juncture comes in, not mere opinions,
but facts. resting upon the absolute
law of physics proven by able physi-
cists of the world so many times, and
with such uniformity of results as to
establish physical law. 1t considers
| the law of force resident in a par
ticular form of explosive, the amount
| used, the form and measure of the
weapon employed; the perfection of
combustion, and the dispersion and
impaction of the particles, or grains.
Today we have the black smoky
powder, the semi-smokeless, and the