Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-05-21
SYSTEM CRITICISED
Lawyers Say Trial By Jury Is Often
Unjust.
A SIOUX CITY MANS STATEMENTS
criticses Every One Connected With
Jury Trial, Including the Judge
Points Out Flaws in the System
What Local Men Say.

a Jury Trial, Including the Judge
Points Out Flaws in the System
What Local Men Say.
Considerable discussion has been
raised in Sioux City recently by the
communication of lawyer to one of
the papers, calling the jury trial a
mockery and farce, arraigning the
judges for failing to show the proper
decorum when they are trying case
and later when they are preparing the
instructions for the jury. His opin-
ion is shared by a number of Ottum-
wa attorneys, although the latter do
not go so far as the man at Sioux
City, and signs his article wv. H. f."
Some Ottumwa attorneys have been
interviewed on the matter, and the
general opinion is that great care
should be exercised in selecting jul
ry. This feeling has been especially
strong during the term of court which
is now in progress. Criminal cases
should be especially well provided for
as it would be the height of injustice
to have an ignorant jury consign to
the penitentiary an innocent man or
man who did not deserve the pun
ishment meted out to him. 'The jul
ry cannot always tell" said an OF
tumwa man, what to do in a great
many cases. 1t cannot be expected
of twelve men, no matter how intel
ligent they might be, that they should
know the law points off hand as well
as a judge or an attorney who has
had time and opportunity to study
them. The greatest care should be
exercised in selecting jurors, and if
this is done the danger of wrong YER
diets is reduced to minimum"
Some of the arguments advanced
by the Sioux City attorney are as fol-
lows:
Law Has Advanced.
'"The law has necessarily advanced
with the science of modern business
methods, and the controversies that
get into court for adjustment involve
intricate and complicated questions of
fact and law so closely interviewer as
to require the mind of experience,
learning and ability to justly and cor
rectly decide them.
SIT is a sad commentary upon our
system of administering law that sell
dom do we see men of even mediocre
education sitting upon juries,an very
rarely do we see men of any business
experience serving as jurors. Our
trial judges are to be criticised in a
measure for this, because they are too
ready to accept excuses and release
men who might make at least fair jur-
ors A man whose education and bust
ness experience fit him to serve as a
juror easily gets excused by the judge
on the plea that his business demands
his attention, SO as rule man who
| has no business responsibility, who
cannot earn more than SO per day, too
often a man who is at war with pros
perity, responds to the call of the
clerk, takes the perfunctory oath to
truly answer questions touching his
competency to sit as juror, and
swears he has no prejudice against
corporations as readily as he swears
to anything else necessary to retain
his place in the jury box, and, if ac-
cepted, is again sworn to well and tru-
| ly try the case and true verdict rem
der. Opposing counsel then state to
the jury what they term the facts in
/ the case.
Juror Lacks Experience.
these statements are too often col
4 cred to suit the side for which they
are stated, and the juror, being with,
out experience and ignorant of the Gus
toms of legal tribunal, forms an opin
ion, and, if not already prejudiced, be
comes so from the statement of facts
and his mind is not in condition tc
properly weigh the testimony as it is
| given by the witnesses. The law re
quires the judge to caution the jury
not to form opinions until the case is
| finally submitted to it. Such cautions
are as rule wasted. The human
mind is susceptible to impressions ant
is bound to form opinions. impress
sions are made and opinions formed
according to the experience and abilit,
of the individual, SO the inexperienced
mind of the juror takes the clear, posi-
tive and plausible statement of coun
sci as to the facts, and rejects tn,
testimony of witnesses because hi
mind is unable to detect the sophistr,
of counsel and is confused by wha
seems to him to be an uncertainty il
the witnesses testimony because tn
skilled cross examination may hav
tended to confuse the witness more O
less. First, however, days are oftel
consumed by counsel in endeavorin
to secure not a juror who will mete GU
equal and exact justice, but one whom
it is believed will favor one side or tn
other according to his prejudice an
regardless of the law and evidence
This is perhaps bold statement, bu
unfortunately it is true, and unfortune
nate'y for the administration of justic
too many such jurors are to be found
Tangles of the Law.
when the evidence is introduced
is conflicting, manipulated by thos
skilled in the art of manipulation. TIL
case may and usually does involve
half dozen intricate questions of lay
which the facts may tend to present
questions of law so intricate and diff
cult that the highest courts of the Ian
have always struggled in doubt an
! uncertainty as to the proper solution c
: them. The most satisfactory and az
ceptable rulings on these questions ar
those that have been announced
judges whose great ability, learnin
and experience enable them to demon
strate a proposition with such fore