Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-21
TWELVE PAGES
WEDNESDAY. JUNE d. 1899.
THE OBSTINATE JJRYMAN.

Recurring again to Judge Gaynor and
Anderson, the obstinate juryman, it APP
pears from the New York Herald that
the Judge really assumed the power to
"punish" Anderson for not concurring
with the other jurors-and this the
Herald actually approves! The bench,
under the old common-law, did have or
take the mastery and direction OF the
Jury. and even to-day. for any manifest
improperly, neglect of duty. or other
plain violation of law, the juror is
amenable to the Judge. and should be
dealt with sternly. Yet. while admit
ting that the functions of juror are of
a character that not only demand his
best service and fidelity. but the high
est respect from the Judge, the public
and all departments OF government.
That was true OF the Juror when he
was only an English institution; but
as an American safeguard of life, lib
erty, property and all the interests OF
free manhood. he is invested with
representative character Of the highest
sanctity. az n member of a body which
in a particular sense stands for the
people.
In their sphere. as guardians and
Judges. they are sovereign in law and
fact, and it is in the plenary power of
disagreement, without let or hindrance.
fear or favor. that the Importance of
n jury chiefly consists. 1t is a fatal
misconception of the Judiciary that a
Juror or jury is only servant of the
court, whose business is to find a YER
dict. and that, too. in acc0rd1nce with
the views of anybody else whatever.
The jury is stripped of its power and
defeated in it's purpose when anyone,
in or out of court, official or unofficial.
undertakes to control; and when Judge
Gaynor sought TO compel Anderson 10
adopt his opinion, or that of the other
jurors in any case, 1t was an outrage,
and a very gross and alarming one,
when 1t proceeded not cnly to repri-
mand but avowedly to punish Anderson
for exercising the independent judg-
ment that gives trial by jury its glory
and jnestimable value.
There may have been unrelated cir
cumstances attending Anderson's dis
sent from his associates and the Judge
that justified some reproof from the
bench; but In the disagreement Itself
there Is no justification or palliation for
peremptory, interference to coerce, OF
intimidate a juryman. The jury, in
fact. Is the equal of the judge in de-
termining cause, and every juror
shows in this equality. The spirit of
our institutions, indeed. make the jury
supreme and exclusive in its highest
Functions, and no man may intervene
save toi aid and assist n juror, at his
request, as to a matter of evidence tina,
has escaped him. or as to the law and
Its application to the facts.
These are perilous days to all the hes,
Institutions among men, for common
right and justice; and such men MS
Judge Gaynor and their arrogant tone
and attitude in their official capacity.
are especially dangerous for this
Judge not only browbeats a single Jury
ma like 4; Gerson, but 1t is reporica
of him that he recently took extra
ordinary measures TO force an en,lrc
jury as II it were not the Character
of verdict that is important, but the
verdict itself, as dlspozi,ion of the
case. II is said thai ne locked the
twelve men up for a day after day,wi,h
cut food.-the tendency OF such q pol
icy being not onlS TO diacredi; and de-
grad. the Jury. but to depreciate the
force Of legal oath. minimize the re-
spect due truth and bring the whole