The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-08-10

A juror who doesn't attend to what
witnesses are saying, or who even
seems not to be doing so, may expect
from the judge a public reprimand. A
few days ago juror who fell in this
way under judicial disapproval was
banished from the box In disgrace. The
juror must be careful, too, when he Is
permitted to ask the judge q question,
that he doesn't preface his question
with any remarks. Otherwise he will
never reach his question, for the judge
will tell him, as one did the other day;
that he doesn't want any suggestions
from the jury box, and that since the
inquiring juryman seems incapable of
coming to the point, he'd better sit
down.
One Is surprised too, to find how
some judges over here still seem to
brow-beat juries In the effort to bring
them to agreement. This very week the
forman of jury told the justice that
two Of the twelve were holding out
against the other ten, The judges ex-
act language / did not take down. But
his tone was that of man who had
just heard one of the most monstrous
things by which judicial dignity was
ever ruffled, and in substance he said
Don't come here with such stuff as that;
go again and consider your verdict, and
let me see your ugly faces again before
you've agreed, If you dare.
Thus the English system isn't perfect,
even though it does have some features
that are superior to those of our own.
1t Is, however, surely improving. The
guilty may stand no better chance than
ever to escape severe punishment, but
there Is undoubtedly now better
chance for those whose guilt is not
clearly established, and a far greater
likelihood than formerly that justice
will be tempered with mercy. This i'm
two things. Whatever notifications
there may have been in the law itself
one may pass over as of little conse-
quence. 1t is the times and the men
that have changed. With democracy
so fully recognized elsewhere, how
strange it would be If this spirit, which
always at its best conduces to fairness
and fraternity, did not find it's way
finally into the courts of justice?
Judges now are especially careful to
give the poor their rights, and II they
were not, how strangely out Of joint
with the times they would be!
After all though the greatest change
is in the personnel Of the judges them
selves From top to bottom they are
different from what they used to be-
more considerate, more human and
kind. So vital is this change in the
temper of the English judges that, as
have hinted it has brought into vogue
a new and kindlier type Of judicial
countenance. From Hawkins, who was
known at the Old Bailey as the chang
ing Judge" it's a long and glad cry to
the kindly featured, pleasant spoken
and gentle hammered Grantham whom
I saw dispensing justice at this court,
and not dispensing with it, few days
ago. There were two acquittals in
manslaughter cases the same afternoon.
The prisoner in one of these cases I
was sorry for, because he was without
counsel and was pressed hard, and, as
1t seemed to me- unfairly, by the law
officers of the Crown. But one could
soon see that Justice Grantham was
getting hold of the case and the way
he punctured the claims of that in
hated prosecution was not only a de-
light to those listening, but it was the
sure salvation of the unfortunate man
in the dock.
HENRY TUCKLEY.