The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-17
Jur;es and Witnesses.

Mr.. Justice Brewer of the United States
Supreme Court is not only one of the most
able and distinguished jurists which this
country has produced, but is also man
of broad mind and deep thought. He has
decided views on all subjects important
TO the nation or to mankind in general
and the courage of his convictions to ex-
press them. In a recent lecture in the
law course at Yale University on THE Re
sponsibilities of Citizenship" Judge
Brewer spoke strongly in regard to what
he considers the crudity and abuses OF our
jury system and the injustice of the man.
ner in which witnesses are often treated
in our courts. OF the Jury system he said:
at IS not strange that men have not liking
for doing jury service There is remarkable
prevalence OF I'm : ia every company Of men that
respond 10 the jurs summons
"As at preserS constituted the jury system Is
little better thin relic Of the age OF baTbarous
practices. Indeed %-sise iuries receive treatment
that Is slightly better than that accorded TO the
criminals they try. They are locked up at night
and are kept under constant surveillance They
receive conversation no better than the wages Of
the dsy laborer. l sincerely hope the time VII
come when Juryman viii receive the pay Of
bushes man, and when he will be treated like
gentleman.
There are grave objections to the present sys.
TEN Of obtaining convictions by juries, too.
should favor the rrle that affirmative vote OF 4
reasonably large proportion OF the jury should
be sufficient to find verdict Of guilty.
The legal profession. and TO an extent
the public, have long felt that the jury
system as it has come down to us from
our English forefathers is not always the
palladium of justice that It was once be-
heyed to be. almost as a matter of Anglo
Saxon religion. 1t is altogether probable
that in majority of cases equity would
be done as well in I. majority as in a COM
pulsorily unanimous verdict. And. we're
the change made it certainly would De
harder to defeat the law by the use IF
money in corrupting Jurors. AS the system
stands today. one juryman, If he have
the nerve. can wear out his eleven fellows
and force either mistrial or that unjust
and wicked thing, a compromise verdict.
We must stiT think, however. that In
cases involving the death penalty. or long
terms Of Imprisonment on conviction, the
accused should have the benefit of the
unanimous verdict. 1t is true that even
at that innocent people are sometimes
punished and the guilty go free; but the
fact suggests that nothing better and pos
sibly something worse would happen were
the law changed. We are in hearty ac-
cord with Judge Brewers remarks on the
practice of insulting and attempting to
brighten witnesses in court. On that sub
ject he said:
1T is. moreover one Of the duties OF citizen
ship TO answer summons TO give evidence a
witness. Often however, witnesses are brow
beaten by the lawyers. are insulted and treated
like liars"
The evils of the jury system may be
hard to handle. but It is not so with the
matter of witnesses. They are under the
control, and theoretically at least. under
the protection OF the court. The Judge
on the bench. IL he be a man competent
TO fill such position, knows when mem
bers Of the bar transcend their privileges
and the ethics Of their profession, in Their
treatment of witnesses. II is or should
be their duty to interfere when the lat
Ter are anronted or abused. The diff
lenient and nearsighted in the cases of
lawyers practicing before them. They
like 10 stand well with the bar; and fire.
quently Will tolerate in its members con-
duct which ought to be considered intol-
cradle In anything pretending to be a
court of justice. Witnesses OF standing
and responsibility in the community are
hailed 90 the stand unwillingly and while
they are doing their best to perform their
duty as citizens and give true testimony,