The Montgomery advertiser., 1901-07-09

pretudices." but said the old gef9le- man. "my prejudiccs are my princi- ples." So 1t Is with many men on the jury. Their prefudices are their prin- | ciples.
 MT. Jackson--If 1t is wrong to allow three-Quarters of the jury to deprive a man of his liberty. why ie 1t not hlxe- wise wrong to allow three-ouarters to deprive him of his property?
 MT. Brooks-That is very pertinent question at the right time and occa- sion. but we are not discussing that | now. . The President-The gentleman's time has expired.
 Mir. White-I move that the time of the gentleman be extended. MT. Brooks-I am very much obliged to the gentleman and to the Convention but I prefer to abide the rule. MT. Cunningham-Mr. President. l believe with the execution of MT. Brooks. nearly all the delegates on this | floor who have discussed this question are lawyers. I thought 1t was about | time that you heard from the people. | and with the indulgence of this Con- vention l will make a few remarks. I want to asy. Mir. President. I myself believe that the world do move: and l
 
 toms andtradition 6 should not exercise an absolute and uncomfortable infiu- | ence upon enlightened parliamentary bodies at the beginning of the goth cen tury. We should look upon this ques- ton very largely in my Judgment in the light of the present day. and the first question or proposition to which l desire to call your attention Is the disposition to impugn. to suspect or to | criticise the motives, not only of at- torneys and delegates who may appear in a parliamentary body, but also of witnesses who appear upon the staAd. Now I believe that a change of this jury system from a verdict that is unanimous to one that Is three -fourthe, will not be to the best interests of the people of the State of Alabama be- lieve primarily 1t will work hardship upon the corporations of the State of Alabama. l have not a doubt of that proposition. Rightfully or wrongfully | there is a bias and a prejudice against | property invested in corporations in | the State of Alabama. I do not be- | lieve that anybody will. question that | proposition. And if that be true, 1t therefore follows that in the selection | of jury to try cases in which corpo- l rations appear as defendants in dam age suits. the plaintiff has primarily the advantage. If fifty per cent. are more or less biased and prejudiced in advance, 1t therefore follows that this bias or prejudice. though 1t may be unconscious. will have a tendency to make up a verdict prior to the hearing of testimony. and the hearing of argu- ment. Not only Is this true in my Judgment. but those here who have had the misfortune to testify upon the wit ness stand as experts and as to mat ter of fact. are familiar with the fact that if your testimony is to the benefit and interest of the plaintiff. the lawyer for the plaintiff is very easy in the cross examination. If 1t appears to be ir the interest of the defendant then the lawyer with the defendant is very easy, but if your testimony is against one side or the other then the purpose Is to degrade the character of that witness, though he may stand in every relation in lite, socially. in business and politically, and in every way un- challenged for honesty and integrity, yet they will undertake to besmirch his honor and character by asking lues- tions which to my mind are clearly out of order.
 Mir. President. sympathy has no place in court in nv Judgment, and yet 1t plays an important part. Now, I un- derteke to say that if this amendment Is adopted-I am not afraid to say it. 1t will rebound to the interest of plain tiffs in damage suits in Jefferson eoun- ty. I say 1t bodldly. but do not want here to interpret the motives of the gentlemen who usually appear for plaintiffs in these cases as having that as a primary motive. I am opposed to that proposition, but undertake 70 cay 1t will add thousands and hundreds of thousands of dollars to those who bring suits for damages and imaginary dam ages, and of that fifty or twenty five per cent. will find Judgment and prop erly, no doubt, in the pockets of those who appear for them in courts of jus tice. Now who bears the burden? |? Is 1t the corporations? Does not the corporation take into con- sideration the amount of money they have to pay the insurance companies when they are considering these ques- tions with the committees that appear for labor. Don't they take into consid- eration the amount of money they will probably have to pay, considering the doctrine of chances in adjusting the wages with their labor. Why, MT. President, about that there cannot be a question, and while 1t will apparently cost the corporations of Jefferson Coun- ty thousands of dollars, in reality it comes out of the pocket of the man that earns the money. It comes out of the labor becouse 1t will be a charge and charge that is properly made against the cost of operating these great industries. Now, MT. President, I believe on the floor of this Convention gentlemen should be permitted to say what they have to say, and exercise the privilege of voting without ques- tioning their motives. I do not believe 1t is the proper place, and, therefore, do not approve of all that has been said on the question I am advocating am opposed to this three-fourths proposition, and sincerely hope, in the interest of justice, and fair play. right and propriety, that we do not disturb tai question of the right of trial by jury.
 MT. Coleman (Greene)-Mr. President listened to the argument Saturday and today, pro and con, with a great deal of interest, and at the risk of being considered as consuming too much of your time by appearing too much on this floor, I conceive 1t to be a duty to make some suggestions to you as have occurred to me in regard to the ques- tion now under consideration. It can not be denied that there has been great merit and force in the argument of the gentlemen who contend for the unani- nous verdict nor can it be denied that kA f,,