The times. [volume] (Richmond, Va.) 1890-1903, 1898-08-20
THE JURY SYSTEM.

The address OF Mr.. Joseph Choate be-
| fore the American Bar Association on
Trial By Jury" is valuable and time
w contribution TO the legal literature Of
the day. The jury system lies at the
foundation OF American liberty, and
must be upheld at all times and never
trincd with 81 We would preserve the
integrity of our institutions. The first
and greatest, therefore. Of all coDsidera-
lions In this connection is that every
person accused OF a crime shall have the
right 10 a jury trial. where he may in
troducc witnesses in his behalf and
where his side Of the question may be
properly presented by counsel.
We do not deny that the jury system Is
defective. but IT is the best means de-
vised by man TO secure n perfectly fair
trial Of one who has been accused OF
crime, and the difference between jury
trial and mob violence IS the difference
between civilization and barbarism. We
say, therefore. that the most important
consideration in this connection, and one
in which the people Of the South are no
little concerned at this time, is that the
Jury system shan be recognized and re-
spectcd and maintained at ali times and
by all men.
As to the defects Of the system, the
most serious in some sections Of this
state at least. IS the difficulty in getting
the best men in the community TO sit as
Jurors Mr.. Choate in this connection
well says that jury duty is great poll
teal and public service. as much so as
voting or military service. or the pay
ment Of taxes. and that no 1T man ought
20 be allowed to escape from the liabil-
ity Of performing #. And he adds:
know how irksome il isl know how
thankless IL too often appears 10 be. but
81 our political institutions are worth
saving. II this cardinal feature of free
and popular government IS TO be pre-
served and transmitted entire. this pecu-
liar form Of public service must be per
formed by citizens ht for the duty; vol
unfairly If they will-but by force OF com
pulsion ~ need be-and IT Is very largely
i'm the hands Of the Bar and Of the courts
10 see 10 II that this IS done.
In some OF the Virginia cities business
men. those who are best qualified 10
serve. shirk jury duty by contributing TO
military organizations and by every other
device that the law permits, and We have
heard judges complain that the number
of exemptions was so great that it was
almost impossible 10 secure the proper
persons 20 do jury duty and so recourse
has frequently 20 be had TO professionals,
who. having no other occupation. hang
around the courthouse and serve on
juries, simply for the little fee that IS in
St.
1t is surprising indeed that good citl-
zens will shirk this duty, for the peace
and good order OF every community are
dependent upon an honest and efficient
Jury service. But. as we have said. many
good citizens who would not hesitate 10
take up arms in defense Of their country
will escape II they can this equally
bounden duty. and yet when justice mis-
carries in some important case, they
are the first 20 rise up in protest and to
denounce not only the verdict. but the
jury system as a whole.
IL IS absolutely necessary, as Mr..
Choate points out that the court shall
have the best men in the community at
its call, and while it would be very much
better 20 have this service performed as
a sense OF patriotic duty, the law should
be 50 rigid as to reduce exemptions tofhe
minimum, and If need be TO force all men
10 sit on juries as occasion demands.