The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-08-18
ssaE .yIsIY

Several years ago we wrote a number
Of editorials upon jury trials. We did
not write as a professional, but as a
plain citizen who had given some out
side consideration to the matter. We
believe that the jury system is the best
ever devised by the genius and expert
ence of men. But surely not jury trials
as conducted in this country, and par
ticularly in the south. The present
system is an abuse, an outrage upon
common-sense and justice. Some
lawyers like it no doubt. 1t helps them.
But the great lawyers, and the able
jurists do not favor the thing as It is
now. We mean to show this before We
get through with it. One highly edu-
Gated writer says: "The idea of bind
ing twelve men by oath to unanimity
must have originated in The Clouds"
referring to a Latin saying-Caput inter
nubila cordit-hides it's head among
the clouds. The Greeks had their di-
kasti and the Romans their %judicis,
but the idea of unanimiiy was
heard Of, never could have entered the
mind of a rational Greek or Roman.
So far as We have read uranimity was
not a part Of the jury trial in the time
Of Henry II, of England. It took ad-
vancing civilization to reach that sub
Iimated point hat unanimity was the
great thing to be desired-that twelve
men must agree to attain justice and
secure a verdict. The same accom-
plished writer quoted from-not a
lawyer but a school teacher, a Of
"unanimity," that no single age could
have risen to It'll it required several
ages standing n upon the shoulders
OF the other to reach it in us home
among the Clouds" We believe that
in murder trials in most countries, and
possibly in most states N our own
country, God is left out altogether in
the trial by jury. 1t is the jury agree
ing that does the business.
1t is funny when you look critically
at a trial by jury. Twelve men all to
agree, are to decide upon the facts of
the case while the Judge manages the
law. These twelve men must have
been practically deaf and blind so that
they have never formed an opinion Or
expressed an opinion about tie matter
for examination. They must be unan-
imous in this. Marvellous! The time
was when theoretically a jury was COM
posed of the most intelligent, the most
honorable, the most conscientious, the
most impartial me INTO be found. How
is it now either in practice OF theory?
Let Sergeant Buzfuz or Quirk, Cannon
and Snap answer But do not juries de-
eide also as to law as well as 10 fact?
How is the practice? Does not prac-
tice spoil the fine theory. In England
there has been a long contention as TO
the powers and rights of juries- There
is a Well known couplet that accom-
plIshed lawyers are familiar with. we
suppose, and it IS English. The cele-
h.ated lawyer, Mr.. Pu3beney wrote it:
For twelve honest men have deter
mined the cause
Who are judges alike of the facts and
the laws"
Our gifted teacher quoted from above
says: Jurors who at first were wit
nesses, have now become judges, and
not judges merely, but legislators"
1t would look absurd for any person to
be surprised at the verdict Of a latter
day jury. 1t is very like a new game
of chance, the tossing Of a copper for
heads or tails. Our friend, the teacher.
again SAYS: I'VE often hear of the
majesty of the law"-behold it incar-
mated in the jury!@ lion in an ASS
skin@Themis Disgusting herself as old
Granny Gray! If ignorance Is so nee
essary a qualification, would not a
school Of ignorance be useful for max
ing judges OF law as well as OF fact?'
Did you ever study the law cases in
Shakespeare? Did You ever read that
great masters opinion OF an English
jury In his time about the year 1900 or