Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-08-19
- sa----a--| - "a - w. 90 -
TRIAL, uY JURY.

|
The address delivered on yesterday b!
Hon. Joseph H. Choate Of New York
before the American Bar Association a
Saratoga. discussed subject which, al
he confessed, is trite. but ever fresh and
OF vital interest 10 the American lawyer
and citizen-the trial by jury.
The speaker, whose name has long been
one of the foremost in the legal profess
sion, threw his whole soul into the de-
fence OF the grand institution which he
advocates: nor did ne concede that the
system lacked a single feature TO add TO
its usefulness.
In a beautiful. chain Of argument, per-
feet and harmonious in every link, he
discussed this priceless legacy Of the COM
| mon law, and shattered the arguments
| which from time 10 time have been unsuc-
cessfuliy advanced against it. As an in
stance Of the dangers incident to- a with
/ drawal OF those safeguards guaranteed by
} Anglo-Saxon constitutions, Mr.. Choate
touched on the recen. zola trial, which
| all the English speaking world regards as
a pandemonium Of injustice. Passing from
/ this dark spot on the escutcheon OF
modern tribunals and again lending the
! force of his irresistible eloquence to his
theme. the speaker said:
The truth is, however, that the jury sys-
TEN is 50 fixed as an essential part of our
political institutions; il has proved itself
10 be such an invaluable security for
the enjoyment OF life and property for so
many centuries; it is so justly appreciated
as the best and perhaps the only known
means Of admitting the people TO a share.
and I'm maintaining their wholesome in
terest in the administration of justice;
Il is such an indispensable factor in edu-
eating them in their personal and civil
rights; II affords such school of train
ing IN the law 10 the profession itself, |
and is so embedded in our constitutions. |
which. as 1 have said, declare it shall |
remain forever inviolate, requiring con- |
yention or an amendment TO improve or |
alter it-that there can be no substantial |
ground for fear that any one of us will |
live TO see the people consent TO give |
il up.
The first essential for the successful
working of the institution, said Mr..
Choate. is a wise, learned impartial and
competent Judge, and the next is body
OF twelve honest and intelligent citizens,
drawn from the community, and sworn
to truly pass upon the issue. Last. but
not least, must come the honest, loyal,
advocates pledged to do their whole duty
and 10 employ their utmost skill and elo-
quence in exhibiting the merits Of their
respective sides.
Mr.. Choate confe sses that in trials by
jury the lawyer, sentenced for life to
hard labor, finds a proud and delightful
privilege, which nIitigates all the
drudgery and painful labor Of his pro-
fessional life. Here alone the attorney
feels the real Joy of contest-that "gau-
iium certaminis" which is the true inspi-
ration Of advocacy. Here alone occur
hese sudden and unexpected conflicts or
reason, Of wit, of nerve-those constant
surprises. equal to the most startling in
comedy or tragedy.
The great and common complaint
against the jury system is due to that
ule which requires the entire vote of the
welve to render a verdict. Its enemies
Use arguments which imply that in al ,
most every jury impanelled there is among
he dozen men one Judas ready TO betray ,
he cause of justice But Mr.. Choate be-
titles this position. SO far as he can ,
earn only about 3 or per cent. of jury 3
rails end In a disagreement. In the vast c
majority OF cases brought TO trial, the ,
Principal If not the only question to be I
etermined is the amount Of unliquidated .
amages. and for the decision of such =
uestion there can be no reasonable doubt +,
hat the average Of the estimates of
welve sensible laymen is far safer and
ar more likely TO approximate 10 the :.
lst estimate than the assessment of one .,
ian, however learned and instructed in :
gal questions he may be. =
In this connection the speaker added: :,
SO let me say, and again upon the same :
lthority of personal experience and OBJ =.
,rTation, that FOR the determination OF 81
he vast majority of questions Of fact II
rising upon conflict of evidence. the 10
lited judgment of twelve honest and in -,
lligent laymen, properly instructed by =
wise anc impartial judge who expresses 81
, opinion upon the fact. is far safer ST
I'd more likely TO be right than the | a
lie judgment Of the same judge would ri
Ill
In his concluding remarks the orator =.
his views as follows:
Give us. then, competent jurors, able
dyes. and honest. fearless, and learned |
vocates. and trial by jury. which / am
re the people OF America are determined | v
maintain. will still be the best safe IN
ard Of their lives, their liberty, and -,