The times. [volume] (Richmond, Va.) 1890-1903, 1901-10-20

argument in support of his substitute,
and was not SO brief in his remarks as at
first. He showed how many States had
adopted the majority rule. and illustrated
by a great number of hung juries the
evils OF the unanimous verdict The hour
of one having arrived during Mr. Bra.N-
tons speech, Chairman Goode announced
that the convention would take a recess
until 8 O'Clock. Mr. Braxton viii conclude
his speech then. although he said he
would complete it In a few minutes.
Afternoon Session.
The convention reassembled at o'clock.
~ motion was made to adjourn. MIR.
Braxton said if they would give him ten
minutes he would promise to conclude
his speech by the clock.
Colonel Smith said he was anxious to
hear it, but when the time came to take
a vote the fact would be developed that
a quorum was not present and the con-
vention had just as well adjourn now
Judge Green chairman of the commit
! tee. begged Colonel Smith to withdraw
| his motion. This was done, and Mr.
Braxton proceeded to conclude his ar
| gument, begun at the morning session.
He read from a long list OF States
which had authorized majority verdfcts,
and said it could be generally understood
that the large corporations would al
| ways oppose this reform. He then read
extracts from the Law Register to en-
| pllasize this statement.
| Judge BouIdin made strong speech
in favor of the ancient right OF trial by
jury and regretted exceedingly that the
convention had decided to allow a. jury
of less than twelve under any cdrcum-
stances. AS that had been done, he most
earnestly objected to any further change.
To establish the majority verdict would
in effect destroy the whole jury system.
He quoted largely from Mr.. Choate's adj
dress before the New York Bar Associa-
ton in confirmation OF this view. He
said that hung juries often prevented
miscarriage Of justice. Judge Bould1n
denied that corporations would alone be
injured by the majority verdicts.
INJUSTICE DONE.
He related several instances where
prejudice against corporations had done
injustice even in unanimous verdicts.
There was quite a colloquy here between
the speaker and Mr.. Braxton- Judge
Bouldin concluded in a most earnest ap-
peal for the retention of the unaniuity
rule.
Colonel Petit made a speech In opposi
ton to the amendment. He urged that
under the present system. a judge could
set aside q verdict when twelve men
agreed with unauimity, and If a major
ity verdict were allowed the judge could
well say that the minority was right,
and could set aside every verdict they
saw fit. He declared that the adoption
of the amendment would revolutiorize
the whole Jurisprudence in the Common
wealth.
Judge Anderson said he did not rise to
make a speech because every speech
made to-day were the same ones that
had been made in the Committee OF the
Whole. He went on to show that the
list of States read by Mr.. Braxton as
having adopted the majority rule was
Inaccurate. He cortended that almost
every one of them had repealed the law,
leaving only nine States now as having
it There was another colloquy here pc
tween the speaker and -ar. Braxton-
The vote was taken. Mr.. Braxton called
for. the yeas and nays. The roll-eall
showed: Yeas, II; nays. %.
NO QUORUM PRESENT.
The president announced that Quorum
was not present. Mr. Gordon moved that
the convention adjourn The motion was
and nays were demanded, with the fol-
lowing result: Yeas, IL: nays. 80. Mem
bers were sent for. and Mr.. Mundy was
voted, and the chair announced thar
quorum was present and was against adj
journment.
The vote was then taken again on Mr.
Braxton's amendment. and 1t was reject
ed-yeaS, " lays, sSi.eesItleEe were seven
present who were paired and did not
vote.
Mr. Withers at this point came in and
announced that he and Messra Eggies-
ton and Walker were not present on the
first call because they were busily en-
gagged in q comnaittee room at work as a
subcommittee OF the Judiciary Commit
tee
Several amendments vera then offered
to section IL and all were rejected. The
yeas and nays were repeatedly called
TurnhnII moved that the convsntfons