The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-08-04
/, RlIICISED AS To THE JURY
SYSTEN

The Norfolk WirginianIPilOt miSun-
derstands the position of The MesSen-
ger somewhat as to the jury system.
For years it has been discussing the
evils of the present system in the south.
In many columns from time to time it
has essayed to point out the dangers
and rom that lurk in the system
The Messenger briefly said of the condi-
ton Of jury trials at Chicago:
And yet there are people simple
enough to believe in the jury system,
composed of twelve men, all being COM
PEELED to agree, with three negroes on
it at that"
The Virginian-PiIot asks:
Evil education and standing help
us? Must we exclude the masses of the
people and have a jury class? The
Messenger, in it's brevities,' answers
these questions itself (undesignedly) as
follows
The Messenger has said not a word
about excluding men of character and
sense in any walk of life. 1t has
not said anything o "a jury class"
1t is opposed to men trying cases in
volving crime or other causes who are
without personal honor or ordinary
sense, who r. full of prejudice, a be
bought, can be Influenced to do any
thing by thir favor1te lawyer. The for
mer district solicitor old us that il was
simply impossible to try cases in this
county, New Hanover, when there was
any question Of race involved. All men
know that this is true. You can put
one negro on a jury in such a case and
he will tie the jury every time and pre-
vent a verdict. We could easily en-
large here and Illustrate. The Jury
class all good and true men should
desire is the n that u able Norfolk
contemporary suggests:
The best we can dc is to select the
most intelligent, honest, brave and re-
liable twelve men we can lay the evil
dence before them, argue the matters
of fact in any doubt as clearly as We
can, have the law applied fairly by the
judge. and accept what verdict we can
get"
There are ten thousand cases known
and read of all men where there have
been miscarriages of justice. They Of
ten occur in North Carolina. Virginia
is indeed well favored if they do not
occur frequently there. The fact
that twelve men are compelled to agree
is a great objection TO the system as
now operated. When twelve men agree
it is almost invariably a case Of COM
pulsion or over persuasion or some eX-
| eraneous influence. OF course twelve
l honest, intelligent, true men do agree
| on cases that are plain and conclusive.
l But the law compelling agreement of
"S4fC lACA SoaSSo SfS1 year UuduN q
murderer to escape, many a %scoundrel
to go unwhipped of justice, many a ras-
! cal TO escape his dues n what is due
others. In North Carolina, we may
Not doubt, because of the curious de-
mand as to agreement, more thar q
hundred cases of one sort and another
fail every year. Why not have
nine Of the twelve agreed rath.
er than all? If there was Il
be a court to try without a Jury i
should composed Of at least three high
ly reputable judges. But the true way
and it is probably the safest and bes
way, is TO have no men on the Jury
rich or poor, high or low, who have no
character above all ~suspicion-men o
veracity, men Of good standing general
ly. men Of fair sense, and LET nine on
of twelve convict or clear-decide for tn
right. The system now in the south /
a very bad, vicious one often. and
very greatly abused.